Acórdão nº 062844 de Supremo Tribunal de Justiça (Portugal), 24 de Outubro de 1969
Magistrado Responsável | CAMPOS DE CARVALHO |
Data da Resolução | 24 de Outubro de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO. NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART109 N3 ART153 ART201 N1 ART205 N1 N2 ART304 N2 ART446 N1 N2 ART663.
Sumário : I - Na instrução da excepção de incompetencia relativa, os depoimentos das testemunhas, devem ser escritos quando a decisão da excepção seja susceptivel de recurso ordinario. II - A omissão dessa formalidade constitui nulidade, nos termos da parte final do n. 1 do artigo 201 do Codigo de Processo Civil. III - Estando a parte representada por advogado na inquirição das testemunhas em que foi cometida tal nulidade, esta so pode ser arguida enquanto a inquirição não terminar (1 parte do n. 1 do artigo 205 do citado Codigo). IV - Tendo o reu arguido a referida nulidade, ja depois de terminada a inquirição, e sendo a reclamação indeferida na 1 instancia precisamente por ter sido deduzida fora de prazo, o acordão da Relação que, dando provimento ao agravo interposto do respectivo despacho pelo...
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