Acórdão nº 071620 de Supremo Tribunal de Justiça (Portugal), 25 de Maio de 1984
Magistrado Responsável | MOREIRA DA SILVA |
Data da Resolução | 25 de Maio de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART71 A ART72 B ART142 ART144 N1 N2 N3 ART145 N1 N3 N5 ART150 ART660 N2 ART668 N1 D ART671 N1 ART676 N1 ART680 N1 ART684 N3 N4 ART688 D ART689 N3 N4 ART713 N1 ART716 N1 ART726 ART731 N1 N2 ART972 A. CCIV66 ART10 N1 N2 N3 ART334 ART1096 N1 A ART1098 N1 A B C. CCJ62 ART210 ART211. DL 323/70 DE 1970/07/11.
Sumário : I - Se os reus pagaram no primeiro dia util seguinte ao termo do prazo normal para apresentação da sua contestação a importancia da multa calculada pela secretaria, em conformidade com as guias que, para o efeito, lhes foram entregues e, depois, rectificado tambem pela secretaria o montante que calculara, o acrescimo ou complemento, de harmonia com a liquidação complementar, e dentro do prazo indicado, não se pode dizer que os reus desrespeitaram o que se dispõe no n. 5 do artigo 145 do Codigo de Processo Civil. II - Se os reus nas conclusões da alegação do seu recurso de apelação não impugnaram, nem sequer puseram em duvida, que se verificavam os requisitos mencionados nas alineas a), b) e c) do n. 1 do artigo 1098 do Codigo Civil, o acordão da Relação não podia cuidar da questão de saber se estava ou não verificado o requisito mencionado na alinea b) do n. 1 do citado artigo 1098. III - Cuidando dessa questão e julgando que se não verifica, o acordão enferma da nulidade prevista na ultima parte da alinea d) do artigo 668 do Codigo de Processo civil. IV - A integração das lacunas das leis processuais deve fazer-se por recurso aos meios...
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