Acórdão nº 9110503 de Court of Appeal of Porto (Portugal), 09 de Abril de 1992
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 09 de Abril de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: RECL CONFERÊNCIA.
Decisão: DESATENDIDA A RECLAMAÇÃO.
Indicações Eventuais: SECÇÃO DO TRIBUNAL RECORRIDO 2.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 B C D. CCIV66 ART1098 N1 B. RAU ART71 N1 B.
Sumário: I - A falta de motivação a que alude a alinea b) do nº 1 artigo 668 do Código de Processo Civil é a total omissão dos fundamentos de facto ou dos fundamentos de direito em que assenta a decisão, pelo que só a falta absoluta de motivação constitui nulidade para efeitos daquela alínea. II - A nulidade da alínea c) apenas ocorre quando os fundamentos invocados pelo julgador deveriam logicamente conduzir ao resultado oposto ao que vier expresso na sentença ou acórdão. III - Para que se verifique a nulidade prevista na alínea d) é necessário que o julgador deixe de apreciar questões de que devesse conhecer. IV - Não enferma de nenhuma destas nulidades o acórdão em que se especificaram os fundamentos de facto e de direito...
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