Acórdão nº 072878 de Supremo Tribunal de Justiça (Portugal), 07 de Julho de 1987
Magistrado Responsável | FERNANDES FUGAS |
Data da Resolução | 07 de Julho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO110 PAG235 PAG236.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG / DIR CONTRAT. DIR COM. DIR ECON - DIR BANC.
Legislação Nacional: CPC67 ART510 N1 C ART511 ART660 N2 ART668 N1 ART729 N2 N3. CPC39 ART660. CCOM888 ART3 ART245. CCIV66 ART797 N1 ART867 ART1157 ART1170 N1 N2 ART1172 ART1368. DESP SECRETARIO DE ESTADO DO TESOURO 93/79 DE 1979/04/16. DESP SECRETARIO DE ESTADO DO TESOURO DE 1980/03/26. DESP SECRETARIO DE ESTADO DO TESOURO DE 1981/01/31. CONST82 ART105. DL 644/75 DE 1975/11/15 ART26 B ART28 N1 A C.
Jurisprudência Nacional: AC STJ DE 1978/04/04 IN BMJ N235 PAG193. AC STJ DE 1978/06/20 IN BMJ N278 PAG151.
Sumário : I - A eliminação do paragrafo unico do artigo 660 do Codigo de Processo Civil de 1939, no actual artigo 660 do Codigo de Processo Civil vigente não significa que não se admita o julgamento implicito. II - No caso de a Relação entender que o processo contem todos os elementos necessarios para uma decisão conscienciosa do pedido no despacho saneador - tal como o havia entendido ja a 1 instancia - sem necessidade da averiguação de quaisquer outros factos, decide implicitamente que o despacho saneador não violou o disposto nos artigos 510 e 511 do Codigo de Processo Civil, ao não fazer prosseguir o processo. III - Um Banco não pode recusar o cumprimento do que foi determinado pelo governo, em Despacho do Secretario de Estado do Tesouro. IV - Ao Banco de Portugal, como Banco Central que e, compete transmitir aos demais Bancos a...
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