Acórdão nº 0040051 de Court of Appeal of Lisbon (Portugal), 29 de Janeiro de 1991
Magistrado Responsável | AFONSO MELO |
Data da Resolução | 29 de Janeiro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: SALVATORE PATTI IN PROVE ANO1987 PAG144. CASTRO MENDES IN LIÇÕES DE PROCESSO CIVIL ANO1968-1969 PAG283.
Área Temática: DIR CIV. DIR PROC CIV - PROC ESP / RECURSOS.
Legislação Nacional: L 31/86 DE 1986/08/29 ART16 ART21 N4 ART23 N3 ART27 ART28. CPC67 ART506 N3 ART668 N3.
Sumário: I - É preciso não confundir a acção de anulação da decisão dos árbitros, prevista nos artigos 27 e 28 da Lei n. 31/86, com o recurso previsto no artigo seguinte. Só este devolve ao Tribunal da Relação o conhecimento de mérito. II - O contraditório satisfaz-se com a notificação à parte contrária do despacho que admite o articulado superveniente, não sendo necessária a audição dessa parte contrária antes de proferido o despacho. III - A circunstância de o presidente do tribunal arbitral conhecer de questão para que era competente o colégio arbitral não integra o fundamento previsto no art. 27 da Lei n. 31/86. IV - A aplicação da segunda parte do art. 27 n. 1 b) da Lei...
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