Acórdão nº 9750435 de Court of Appeal of Porto (Portugal), 26 de Maio de 1997
Magistrado Responsável | ANTERO RIBEIRO |
Data da Resolução | 26 de Maio de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART39 N3 ART298 N1 ART351 A ART353 N1 Jurisprudência Nacional: AC RP DE 1981/07/28 IN CJ T4 ANOVI PAG190. AC RL DE 1980/02/05 IN CJ T1 ANOV PAG228.
Sumário: I - A desistência do pedido por parte do Autor na acção não prejudica a intervenção principal requerida não só antes da sentença que julgou válida aquela desistência quer ainda antes da apresentação ou elaboração do termo da desistência, pois a causa não estava definitivamente julgada, já que só o estaria com o trânsito em julgado da decisão a julgar válida aquela desistência. II - Tendo o advogado constituido pelo Autor renunciado ao respectivo mandato em data posterior à decisão que julgou válida a desistência do pedido e declarou extinto o direito...
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