Acórdão nº 9130217 de Court of Appeal of Porto (Portugal), 11 de Novembro de 1991
| Data | 11 Novembro 1991 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: ANULADA A DECISãO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART28 N2 ART193 ART194 ART195 N1 E ART197 A ART199 ART200 ART202 ART204 N2 ART206 N1.
Jurisprudência Nacional: AC STJ DE 1964/12/02 IN BMJ N142 PAG276.
Sumário: I - Tendo a re falecido antes de ser intentada a acção e, consequentemente, quando foi citada editalmente para os termos da mesma acção, ha falta de citação. II - Uma vez que a nulidade da falta de citação foi arguida pelos co-reus nas alegações de recurso, a Relação pode dela conhecer, demais que a sentença não transitou em julgado...
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