Acórdão nº 0124546 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1991
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 22 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 ART26 N3 ART104 N2. L 11/82 DE 1982/06/02 ART1. DL 39/76 DE 1976/01/19 ART9 ART18 ART19. CCIV66 ART1353.
Sumário: I - A apreciação de qualquer aspecto de uma das categorias da competência absoluta não obsta a uma posterior análise e decisão das suas restantes facetas, como se depreende do preceituado no artigo 104, número 2, do Código de Processo Civil. II - Assim, tendo na contestação sido suscitada a excepção da incompetência em razão da matéria com fundamento de não competir aos tribunais a fixação dos limites da circunscrição territorial das autarquias locais, fica em aberto tal questão da incompetência se o tribunal entendeu, no tocante a tal excepção, que o que estava em causa era a delimitação entre terrenos baldios confinantes e que, desse modo, não se colocava a questão da incompetência em razão da matéria. III - Se o que está em causa na acção é a definição dos limites ( que numa zona de baldios não estão determinados ) entre duas autarquias, ocorre a incompetência absoluta dos tribunais comuns para conhecer da causa, por não poderem os...
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