Acórdão nº 0409196 de Court of Appeal of Porto (Portugal), 18 de Fevereiro de 1992
Data | 18 Fevereiro 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS. DIR ADM GER - DOM PUBL.
Legislação Nacional: CPC67 ART193 N2 A ART202 ART204 N1 ART206 N1 ART511 N1 N4 N5 ART653 N2 ART712 N2. CCIV867 ART370 ART371 ART372 ART379 ART380. CCIV66 ART202 N2 ART1304 ART1383. DL 477/80 DE 1980/10/15 ART4 H. CONST76 ART49 N8.
Jurisprudência Nacional: AC RE DE 1991/02/21 IN CJ ANOXVI T1 PAG303. AC RP DE 1990/09/20 IN CJ ANOXV T4 PAG211. AC RL DE 1990/05/10 IN CJ ANOXV T3 PAG117. AC RE DE 1987/02/19 IN CJ ANOXII T1 PAG303. AC RP DE 1988/01/05 IN CJ ANOXIII T1 PAG181. ASS STJ DE 1989/04/19 IN DR IS 1989/06/02. AC RP DE 1987/01/08 IN CJ ANOXII T1 PAG199. AC STJ DE 1985/03/26 IN BMJ N345 PAG366.
Sumário: I - A nulidade resultante da ineptidão da petição inicial, após o despacho saneador só pode ser apreciada mediante reclamação dos interessados, quando seja admissível essa reclamação. II - Fixados a especificação e o questionário, por falta de oportuna reclamação, não pode o Tribunal da Relação reapreciar a impugnação de tais peças, tão sómente suscitada nas alegações de recurso. III - A palavra "caminho"...
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