Acórdão nº 0225248 de Court of Appeal of Porto (Portugal), 15 de Janeiro de 1991
| Magistrado Responsável | METELLO DE NAPOLES |
| Data da Resolução | 15 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART463 ART1049 N1 ART563 N2 ART639 N1 ART653 ART158 ART668 N1 ART659 N2 ART659 N3 ART1044 ART489 N2 ART494 N1 ART495 ART1045 N1.
Jurisprudência Nacional: AC STJ DE 1981/07/16 IN BMJ N309 PAG280. AC STJ DE 1987/01/15 IN BMJ N363 PAG452.
Sumário: I - A reacção adequada contra a redacção, eventualmente reduzida em demasia, dos depoimentos em acção de posse judicial avulsa não é o recurso da sentença final, mas a reclamação julgada pertinente e o eventual protesto em relação a decisão desfavorável. II - O dever de fundamentar as respostas consagrado no artigo 653 do Código de Processo Civil respeita à matéria de facto quesitada ou articulada e ao julgamento na audiência final, o que não sucede na acção de posse judicial avulsa. III - Um atestado de residência de uma junta de freguesia que se reporta, como razão de ciência, a informações arquivadas...
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