Acórdão nº 9410710 de Court of Appeal of Porto (Portugal), 21 de Setembro de 1995
Magistrado Responsável | DIOGO FERNANDES |
Data da Resolução | 21 de Setembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART199 ART204 N1 ART487 ART494 ART815 ART921.
Jurisprudência Nacional: AC STJ DE 03/11/81 BMJ N311 PAG316. AC RL DE 13/05/77 CJ T3 ANOII PAG612.
Sumário: I - Não pode a falta de citação ser apelidada de excepção dilatória pois da nulidade do processo escapa, pelo menos, a petição inicial. II - Não constituindo ela uma excepção dilatória, não cabe na defesa por excepção, motivo pelo qual não pode servir de fundamento á oposição por meio de embargos a que alude o artigo 815 do Código de Processo Civil. III - O meio processual idóneo para o executado se defender da nulidade resultante da falta de citação é o expresso no artigo 921 d...
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