Acórdão nº 9120484 de Court of Appeal of Porto (Portugal), 02 de Dezembro de 1991
Magistrado Responsável | MANUEL FERNANDES |
Data da Resolução | 02 de Dezembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVOS.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV.
Legislação Nacional: CPC61 ART325 ART326 ART329 ART274 N1 ART506 ART578 N1. DL 64-A/89 DE 1989/02/27 ART13. CCIV66 ART376 ART1152. DL 781/76 DE 1976/10/28 ART1 ART6 ART8.
Sumário: I - Tendo o R. chamado terceiros à autoria, nos termos do artigo 325, do Código de Processo Civil, e tendo um deles chamado novo terceiro, este novo chamamento deve apenas ser notificado ao A.. II - É inadmissível que, a título de reconvenção condicional subsidiária, o R. peça no caso de vir a ser entendido que o A. foi titular de um contrato de trabalho por tempo indeterminado, a declaração de anulabilidade desse contrato. III - Não pode o R. deduzir articulado superveniente baseado no nº 2, se a situação "sub-judice" se desenvolveu no domínio da vigência do Decreto-Lei nº 372-A/75, de 16/07. IV - Havendo sido requerido arbitramento por exame e não havendo as partes, até ao dia marcado para a nomeação de peritos, apresentado qualquer requerimento com a indicação desses peritos nem comparecido nesse dia, é de aplicação...
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