Acórdão nº 9520295 de Court of Appeal of Porto (Portugal), 11 de Julho de 1995
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 11 de Julho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART470 N1 ART474 N3 ART199 N1 N2 ART288 B ART1053 N2 ART202 ART204 N1 ART206 N1 ART660 N2 ART668 N1 D.
Jurisprudência Nacional: AC RP DE 1976/10/13 IN CJ T3 ANOI PAG649.
Sumário: I - A falta de formulação de quesitos na petição inicial de acção de arbitramento não constitui qualquer irregularidade, não justificando o indeferimento liminar da petição, já que não é esse o momento processual próprio para a apresentação dos quesitos. II - A existência de quesitos ou a sua formulação pelas partes não é essencial à diligência dos peritos efectuada em acção de arbitramento, não constituindo, pois, a sua falta qualquer irregularidade. III - Formulado em acção especial de arbitramento para cessação de servidão, simultâneamente com o pedido de extinção da servidão, o pedido de condenação dos réus a retirarem do prédio...
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