Acórdão nº 0043421 de Court of Appeal of Lisbon (Portugal), 19 de Março de 1991
| Magistrado Responsável | SOUSA INES |
| Data da Resolução | 19 de Março de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVADO PARCIALMENTE.
Indicações Eventuais: EURICO LOPES CARDOSO IN MANUAL DOS INCIDENTES DA INSTÂNCIA ANO1965 PAG112.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART326 N2 N3 ART327 ART328 ART329 ART479 N1 N2 ART666 N1 N3.
Sumário: No incidente de chamamento à autoria não é permitido ao chamado reagir contra o seu chamamento, pretendendo que o tribunal que ordenou a sua citação revogue a sua própria decisão, indeferindo o pedido de chamamento. O indeferimento do chamamento à autoria pode ter lugar na fase preliminar do incidente, seja a título da sua rejeição liminar, seja a título de indeferimento do próprio pedido de chamamento. Mas se o tribunal admite o incidente e manda citar o chamado esgotado fica o poder jurisdicional do juiz, não sendo lícito ao tribunal dar o dito por não dito, indeferir o que antes se...
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