Acórdão nº 9440028 de Court of Appeal of Porto (Portugal), 25 de Outubro de 1994
Data | 25 Outubro 1994 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART1014 N2 ART157 N3 ART165 N2 ART463 N2 ART201 ART205 ART668 N1 D ART663. CCOM88 ART113 ART107. CCIV66 ART372.
Jurisprudência Nacional: AC STJ DE 1974/07/02 IN BMJ N239 PAG168. AC STJ DE 1977/01/06 IN BMJ N263 PAG187. AC STJ DE 1952/11/04 IN BMJ N34 PAG433.
Sumário: I - A "acta" é uma peça processual em que se descreve e regista o que se passa numa sessão. II - Se a "acta" foi assinada pelo juiz que presidiu à sessão, está gerantida a fidelidade da reprodução da mesma acta que faz assim prova plena de que os depoimentos das testemunhas ouvidas se encontram nela registados nos termos em que se determinou o seu registo. III - Se caso tal não tivesse acontecido, só contra ela seria lícito reagir através da arguição da sua falsidade. IV - No processo especial de prestação de contas, como em todos os processos especiais, os depoimentos são escritos não só quando prestados por carta ou antecipadamente, mas também quando não recaiam sobre matéria do questionário e a decisão seja susceptível de recurso ordinário. V - A omissão do registo do depoimento constitui causa de nulidade nos termos do artigo 201 do Código de Processo Civil que, encontrando-se presente o mandatário da parte, deve...
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