Acórdão nº 082615 de Supremo Tribunal de Justiça (Portugal), 13 de Julho de 1992
| Magistrado Responsável | EDUARDO MARTINS |
| Data da Resolução | 13 de Julho de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART108 ART109 N2 ART158 ART201 ART202 ART203 ART205 ART304 N1 ART381 ART400 N2 ART514 ART660 N2 ART664 ART668 N1 B D N3 ART713 N2. CCIV66 ART368.
Jurisprudência Nacional: AC STJ DE 1983/04/06 IN BMJ N326 PAG430. AC STJ DE 1987/02/05 IN BMJ N364 PAG787. AC STJ DE 1988/02/02 IN BMJ N374 PAG449. AC RP DE 1991/04/16 IN CJ ANOXVI T2 PAG268.
Sumário : Nas providências cautelares não especificadas, se o juiz decidir não ouvir o réu, deve fazê-lo em despacho fundamentado. Se não proceder assim e designar, sem mais, dia para inquirição das testemunhas oferecidas, o réu deve recorrer do respectivo despacho para que seja possível ao tribunal superior conhecer da respectiva nulidade. Se o recorrente não incluir nas conclusões da sua alegação a questão da incompetência territorial...
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