Acórdão nº 0015322 de Court of Appeal of Lisbon (Portugal), 16 de Outubro de 1997
| Data | 16 Outubro 1997 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: GOMES CANOTILHO IN CONSTITUIÇÃO DA REPÚ PORTUGUESA ANOTADA PAG796.
Área Temática: DIR CIV - DIR CONTRAT. DIR CONST.
Legislação Nacional: RAU90 ART36 N1. CONST89 ART168 N1 Q.
Jurisprudência Nacional: AC TC 289/96 IN VOLVIII PAG399.
Sumário: I - A questão da constitucionalidade é uma daquelas de que o Tribunal conhece oficiosamente, pelo que a apreciação da constitucionalidade do n. 1 do art. 36 do RAU não depende da sua invocação pelas partes. II - A comissão especial prevista no art. 36 n. 1 do RAU é um verdadeiro tribunal (pratica actos jurisdicionais) e é um tribunal arbitral, pois que assume as...
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