Acórdão nº 9520705 de Court of Appeal of Porto (Portugal), 14 de Novembro de 1995
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 14 de Novembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART153 ART201 N1 ART203 N1 ART205 N1 ART161 N1 ART163 ART164 N1. CCIV66 ART363 N2 ART369 N1 ART371 N1 ART372 N1.
Sumário: I - Se um rol de testemunhas se extraviou por motivos atinentes ao próprio tribunal, a secretaria, ao não juntar aos autos esse rol tempestivamente apresentado, teria omitido um acto que a lei prescreve, o que constitui uma nulidade processual - artigo 205 n. 1 do Código de Processo Civil. II - Essa nulidade, sob pena de se ter como sanada, tem que ser arguida pela parte interessada no prazo de 5 dias a contar da data em que, depois de cometida, interveio em algum acto praticado no processo ou foi notificada para qualquer termo dele, quando deva presumir-se que então tomou conhecimento da nulidade - artigos 153, 203 n. 1 e 205 n. 1 do Código de Processo Civil. III - A acta de audiência de julgamento constitui o repositório de tudo o que ocorreu, encontrando-se submetida ao princípio da auto-suficiência dos autos. IV - A...
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