Acórdão nº 9531230 de Court of Appeal of Porto (Portugal), 13 de Junho de 1996
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 13 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART153 ART199 ART201 N1 ART202 ART205 ART403 N3 ART405 ART406 N1 N2 ART494 N1 G ART495 ART497 ART506 N3 ART507 ART508 ART553 N2 ART618 N1 A ART635 N2. CSC86 ART405 N2 ART408.
Jurisprudência Nacional: AC STJ DE 1974/03/05 IN BMJ N235 PAG202. AC STJ DE 1976/04/02 IN BMJ N256 PAG80. AC RE DE 1976/10/07 IN BMJ N263 PAG308. AC RL DE 1978/02/24 IN BMJ N276 PAG315. AC STJ DE 1978/11/23 IN BMJ N281 PAG248. AC STJ DE 1979/01/18 IN BMJ N283 PAG214. AC RL DE 1980/02/11 IN BMJ N300 PAG440. AC RL DE 1982/04/13 IN CJ T2 ANOVII PAG180. AC STJ DE 1982/05/25 IN BMJ N317 PAG215. AC RP DE 1986/01/16 IN CJ T1 ANOXI PAG167. AC STJ DE 1986/02/06 IN BMJ N354 PAG436. AC STJ DE 1990/11/15 IN BMJ N401 PAG503.
Sumário: I - Contra providências cautelares não especificadas é permitido o uso simultâneo de agravo e embargos, em que cada um destes meios processuais tem uma função própria e específica, sendo o fim dos embargos o definido no n.1 do artigo 406 do Código de Processo Civil. II - Só quando o requerido se limitar a deduzir embargos lhe é consentido cumular neles as funções próprias de ambos aqueles meios de oposição, alegando então nos embargos que a providência não podia ser decretada por falta dos requisitos legais respectivos. III - Interposto agravo, a indevida invocação nos embargos dos fundamentos próprios daquele importa erro no meio processual empregado, que constitui nulidade principal de conhecimento oficioso; logo, essa nulidade impede que se verifique a repetição ou contradição de decisões. IV - Sendo o conselho de administração das sociedades anónimas o...
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