Acórdão nº 9240349 de Court of Appeal of Porto (Portugal), 01 de Junho de 1993
Data | 01 Junho 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART511 N1 ART659 N3 ART201 ART205 N1 ART651. CCIV66 ART1093 N1. CCJ62 ART113.
Jurisprudência Nacional: AC RC DE 1990/11/06 IN CJ ANOXV T5 PAG37.
Sumário: I - Na especificação devem constar factos, sendo por isso incorrecta a remissão na mesma para o "teor de documentos". II - A arguição da nulidade de recusa do recebimento pelo funcionário judicial do imposto e do preparo cujo pagamento a parte pretendia efectuar nos termos da 2ª parte do artigo 113 do Código das Custas Judiciais só pode ter lugar enquanto a audiência se não concluir. III - A falta de adiamento da audiência de julgamento por renúncia no seu início do mandato conferido a um dos advogados de uma das partes - o renunciante que comparecera na audiência -, a traduzir eventual nulidade, deve como tal ser no acto arguida sob pena de precludir o respectivo direito. IV - A utilização do prédio urbano arrendado pelo...
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