Acórdão nº 9240310 de Court of Appeal of Porto (Portugal), 14 de Julho de 1992
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 14 de Julho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR JUDIC - CONFLITOS.
Legislação Nacional: L 38/87 DE 1987/12/23 ART81 N1 B N3 ART20 N1. CPC67 ART1039 ART1033 ART1036 ART1042 B ART1034 ART512 ART791 N1.
Sumário: I - Os embargos de terceiro só seguem os termos do processo ordinário se na contestação o embargado alegar o seu direito de propriedade sobre a coisa ( cfr. artigo 1042, alínea b) do Código de Processo Civil ), formular o pedido de reconhecimento desse direito e se o valor da causa for superior à alçada da Relação ( v. artigos 1034 e 1042 ); II - Se o embargado, ao contestar os embargos não formular aquele pedido os respectivos autos devem seguir os trâmites do processo sumário ( v. artigos 1042 e 1033, nº 1 do Código de Processo Civil ); III - Só assim não será se alguma das partes vier a requerer a intervenção do tribunal colectivo em prazo contado a partir da notificação a...
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