Acórdão nº 9310447 de Court of Appeal of Porto (Portugal), 28 de Setembro de 1993
Magistrado Responsável | LUIS ANTAS DE BARROS |
Data da Resolução | 28 de Setembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART666 N1 ART865 N2.
Sumário: I - Proferida sentença de verificação e graduação de créditos, ficou desde logo esgotado o poder jurisdicional do juiz quanto ao reconhecimento de créditos e à ordem do seu pagamento, nos termos do artigo 666, n. 1 do Código de Processo Civil. II - Por isso, se o Ministério Público reclamou um crédito da Fazenda Nacional depois de proferida sentença, embora dentro do prazo legal da reclamação a que se refere o artigo 865, n. 2 do Código de Processo Civil, não pode a sentença ser reformada, sendo inatendível a reclamação daquele crédito, uma vez que a nulidade decorrente de sentença prematura, violadora daquele preceito, não pode ser...
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