Acórdão nº 9820926 de Court of Appeal of Porto (Portugal), 03 de Novembro de 1998
| Magistrado Responsável | EMIDIO COSTA |
| Data da Resolução | 03 de Novembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DO ANO DE 1994.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART279 N1. CPEREF93 ART1 N2 ART10 N1.
Jurisprudência Nacional: AC RL DE 1984/03/27 IN BMJ N335 PAG351. AC STJ DE 1974/03/26 IN BMJ N235 PAG241. AC STJ DE 1975/02/28 IN BMJ N244 PAG239.
Sumário: I - A expressão " causa... já proposta " do artigo 279 n.1 do Código de Processo Civil não significa que a causa esteja proposta em primeiro lugar à causa dependente; necessário é que ela esteja já instaurada no momento em que se levante a questão da suspensão. II - A suspensão da instância por causa prejudicial depende de nesta se discutir questão cuja decisão pode destruir o fundamento ou razão de ser daquela. III - Assim, não é prejudicial uma...
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