Acórdão nº 9440272 de Court of Appeal of Porto (Portugal), 16 de Março de 1995
Magistrado Responsável | ALVES VELHO |
Data da Resolução | 16 de Março de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR ECON - DIR SEG.
Legislação Nacional: CPC67 ART110 ART733 ART734 ART735 N1 ART736 N2 ART740 N2 ART109 ART710 N2 ART26. CCOM888 ART441 ART384 ART385. CCIV66 ART796 ART797.
Jurisprudência Nacional: AC STJ DE 1972/01/04 IN BMJ N213 PAG256.
Sumário: I - Suscitada a questão da competência territorial, a causa fica suspensa após os articulados e só volta a correr depois de transitar em julgado a decisão proferida sobre a excepção. II - Quer em caso de procedência, quer de improcedência da excepção, o agravo que for interposto tem, efeito suspensivo e sobe imediatamente nos próprios autos. III - Sendo o recurso admitido com subida diferida, nos próprios autos e com efeito meramente devolutivo, o prosseguimento do processo constitui a prática de acto que a lei não admite, integrando a correspondente irregularidade processual e que não está expressamente prevista na lei. IV - Não se mostrando que tal irregularidade tenha influído no exame ou na decisão da causa nem que o provimento...
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