Acórdão nº 9150729 de Court of Appeal of Porto (Portugal), 17 de Março de 1992
Data | 17 Março 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO. ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR PROC CIV. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART268 ART286 ART1248. CPC67 ART37 N2 ART300 N5 ART301 ART771 ART446 ART449 N1 N2 A ART453 ART459.
Sumário: I - A transacção judicial efectuada por mandatário sem poderes especiais não está ferida de nulidade, mas sim de simples ineficácia relativa. II - Em tal caso, é legítimo homologar a transacção e ordenar a notificação prevista no artigo 300, nº 5, do Código de Processo Civil. III - Interposto recurso da sentença homologatória, e na falta de oposição, as custas devem ser suportadas pelo recorrente, uma vez que o recurso não pode deixar de ser tributado e porque as partes sofrem as consequências das mais diversas actuações dos seus mandatários ao longo do processo, situação...
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