Acórdão nº 9320371 de Court of Appeal of Porto (Portugal), 23 de Novembro de 1993
Magistrado Responsável | EMERICO SOARES |
Data da Resolução | 23 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART333 N1 N2 ART303 ART1682-A N1 A ART1684 N1 N2 ART1687 N1 ART262 N2 A CNOT67 ART127.
Jurisprudência Nacional: AC RC DE 1988/03/01 IN CJ T2 ANOXIII PAG47. AC RL DE 1992/10/22 IN CJ T4 ANOXVII PAG186.
Sumário: I - Em atenção ao disposto no artigo 303 do Código Cívil, o tribunal, em matéria incluida na disponibilidade das partes, não pode suprir, de ofício, a caducidade, necessitando esta, para ser eficaz, de ser invocada, judicial ou extrajudicialmente, por aquele a quem aproveita, pelo seu representante ou, tratando-se de incapaz, pelo Ministério Público. II - Se o interessado não invoca, expressamente, a caducidade, para que o juíz tome dela conhecimento, terá pelo menos, de alegar a factualidade que lhe corresponde, que, de forma inequívoca permita concluir que ela foi alegada com vista à invocação da caducidade. III - O conhecimento oficioso da caducidade fora destas hipóteses é causa de nulidade da decisão nos termos do artigo 668, n.1, alínea d), do Código de Processo Civil. IV - A venda de bem imóvel pertencente ao...
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