Acórdão nº 071576 de Supremo Tribunal de Justiça (Portugal), 14 de Fevereiro de 1984
| Data | 14 Fevereiro 1984 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART202 ART268 ART272 ART273 N1 ART467 N1 ART510 N1 C ART668 N3 ART753 N1 ART755 N1 B.
Jurisprudência Nacional: AC STJ DE 1978/05/30 IN BMJ N271 PAG286. ASS STJ DE 1975/02/18.
Sumário : I - Enferma de nulidade o acordão da Relação que, revogando o despacho saneador que não tinha conhecido do pedido, decide do merito da causa (artigo 753, n. 1, do Codigo de Processo Civil e Assento de 18 de Fevereiro de 1975). II - Não tendo sido arguida tal nulidade, não pode conhecer dela oficiosamente o tribunal de recurso (artigos 202 e 668, n. 3, do Codigo de Processo Civil). III - Sendo a petição inicial deficiente no tocante a formulação da respectiva causa de pedir, pode o autor na replica, se o processo a admitir, esclarecer...
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