Acórdão nº 9821146 de Court of Appeal of Porto (Portugal), 12 de Janeiro de 1999
Magistrado Responsável | EMERICO SOARES |
Data da Resolução | 12 de Janeiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART659 ART664 ART1311.
Sumário: I - O artigo 659 do Código de Processo Civil mais não faz do que traçar o modelo formal duma sentença, não importando a sua inobservância estrita qualquer consequência processual, desde que a desconformidade não faça incorrer o aresto em qualquer dos vícios previstos no artigo 668 do mesmo Código. II - Fora das limitações ao princípio dispositivo, que a lei expressamente prevê, o juiz, relativamente à fixação do " thema decidendum ", está sujeito à alegação dos factos pelas partes nos respectivos articulados. III - Não é admissível a formulação de quesito em que se pergunte se determinado terreno pertence ao autor, por...
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