Acórdão nº 0310078 de Court of Appeal of Porto (Portugal), 12 de Junho de 1990
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 12 de Junho de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR JUDIC - CONFLITOS.
Legislação Nacional: L 38/87 DE 1987/12/23 ART45 ART47 N1 ART11 N1 ART20 N1 ART79 B ART81 N2 ART78 ART19 ART18 ART108 N1 N4 ART72. DL 214/88 DE 1988/04/17 ART6 N1 ART10 N1 ART55 N2 ART8 N3. CPC67 ART646 N2 NA REDACÇÃO DO DL 242/85 DE 1985/07/09 ART791 N1 ART63 ART64. PORT 514-A/88 DE 1988/07/29. CONST76 ART168 N1 Q N2. L 82/77 DE 1977/12/06 ART47 N1.
Sumário: I - As acções com processo sumário ou especial cujos termos não excluam a intervenção do tribunal colectivo, de valor superior à alçada do tribunal da 1ª instância em que seja lícito às partes requerer a intervenção do tribunal colectivo devem ser propostas no tribunal de círculo. II - Pretender que, no caso do artigo 791, n. 1 do Código de Processo Civil, as correspondentes acções sejam propostas no tribunal de comarca e só transitem para o tribunal de círculo se alguma das partes vier a requerer a intervenção do tribunal colectivo é esquecer a proibição de desaforamento contida no artigo 19 e o prescrito no artigo 18, da Lei Orgânica dos...
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