Acórdão nº 9421241 de Court of Appeal of Porto (Portugal), 12 de Novembro de 1996
Magistrado Responsável | PIRES RODRIGUES |
Data da Resolução | 12 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART635 N1 ART679 ART555 ART202 ART205. CCIV66 ART612.
Jurisprudência Nacional: AC STJ DE 1973/03/05 IN BMJ N235 PAG192. AC STJ DE 1993/03/09 IN BMJ N425 PAG443. AC STJ DE 1992/02/18 IN BMJ N414 PAG418. AC STJ DE 1992/01/23 IN BMJ N413 PAG549.
Sumário: I - É proferido no uso legal de um poder discricionário do Juiz o despacho no sentido de negar a requisição de um documento que, nos termos do artigo 535 n.1 do Código de Processo Civil, lhe seja sugerida; sendo tal requisição requerida, o despacho respectivo é passível de recurso. II - Se a decisão sobre a requerida requisição de um documento foi remetida para a audiência do julgamento, ocorre uma nulidade processual se ela não tiver lugar, devendo tal nulidade ser arguida na mesma audiência...
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