Acórdão nº 080651 de Supremo Tribunal de Justiça (Portugal), 24 de Março de 1992
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 24 de Março de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A VARELA RLJ ANO120 PAG277. A VARELA MANUAL PROC CIV 2ED PAG393. A CASTRO LIÇÕES DE PROC CIV 1964 II PAG820. RT ANO81 PAG68.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS / PROC EXEC.
Legislação Nacional: CPC67 ART104 N2 ART158 N1 ART510 N1 B C ART660 N2 ART668 N1 B D N3 ART684 N3 ART1039.
Jurisprudência Nacional: AC STJ DE 1988/01/06 IN BMJ N373 PAG462. AC STJ DE 1973/05/18 IN BMJ N227 PAG98. AC STJ DE 1980/02/04 IN BMJ N294 PAG255. AC STJ DE 1980/10/28 IN BMJ N300 PAG347. ASS STJ DE 1963/02/01 IN BMJ N124 PAG414. ASS STJ DE 1991/11/27 IN DR IS 1992/01/11.
Sumário : I - E nulo, nos termos do artigo 668 n. 1 alinea d) do Codigo de Processo Civil de 1967, o despacho saneador que não conhece expressa e concretamente de alegada excepção peremptoria de caducidade, deduzida em embargos de terceiro, não podendo tal conhecimento considerar-se abrangido pela declaração tabelar, em termos genericos: "... não ha excepções..." II - A nulidade so pode ser atacada em recurso do saneador a decidir pelo tribunal ad quem, não podendo ser sanada por despacho ulterior proferido a reclamação da parte. III - Os tribunais de recurso so apreciam as questões...
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