Acórdão nº 9340262 de Court of Appeal of Porto (Portugal), 23 de Novembro de 1993
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 23 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O ACÓRDÃO CONTÉM INDICAÇÕES DOUTRINAIS COM INTERESSE.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART777 N2 ART778. CPC67 ART1409 ART1410 ART1411 ART302 A ART303 ART304 ART662 N1 ART381 ART993 N2. CSC ART254 N1 ART243 N1 ART245 N1.
Jurisprudência Nacional: AC RP DE 1989/05/04 IN CJ ANOXIV T3 PAG191. AC RP DE 1990/10/11 IN CJ ANOXV T4 PAG228. AC RL DE 1991/02/21 IN CJ ANOXVI T1 PAG158. AC RL DE 1984/03/29 IN CJ ANOIX T2 PAG119. AC RL DE 1991/06/27 IN CJ ANOXVI T3 PAG170.
Sumário: I - O meio processual previsto nos artigos 1456 e 1457 do Código de Processo Civil, (fixação judicial de prazo) não pode converter-se em mero incidente enxertado na acção de condenação. II - O processo especial de fixação judicial de prazo é um processo de jurisdição voluntária, a que se aplicam as disposições gerais dos artigos 1409 a 1411 do Código de Processo Civil. III - A remissão operada pelo artigo 1409, nº 1, para os artigos 302 a 304 (disposições gerais dos...
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