Acórdão nº 0082236 de Court of Appeal of Lisbon (Portugal), 25 de Maio de 1995
Data | 25 Maio 1995 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: ANTUNES VARELA IN MANUAL DE PROCESSO CIVIL 2ED PAG234.
Área Temática: DIR PROC CIV. DIR JUDIC - CONFLITOS.
Legislação Nacional: CPC67 ART73 ART74 ART117 ART675.
Sumário: I - Tendo o Tribunal de Benavente declarado a sua incompetência territorial, que atribui a competência ao Tribunal Judicial da comarca de Vila Franca de Xira, que, por sua vez, se declarou incompetente declarando competente a comarca de Lisboa, e tendo transitado ambos os despachos, não se verifica qualquer conflito positivo ou negativo, já que cada um dos juizes, declinando, embora, a competência própria, não se atribuem mutuamente tal competência para conhecer da questão. II - E se o Juiz do Tribunal Cível de Lisboa ordenou a notificação das partes e do Ministério Público para os efeitos dos arts. 117 e seguintes do Código de Processo Civil que nada requereram...
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