Acórdão nº 082795 de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 1992
Magistrado Responsável | MIGUEL MONTENEGRO |
Data da Resolução | 15 de Dezembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART268. CPC67 ART203 ART206 ART485 A ART722 N2.
Jurisprudência Nacional: AC STJ DE 1981/01/22 IN BMJ N303 PAG203.
Sumário : I - As nulidades e irregularidades de citação dos intervenientes fogem ao âmbito dos poderes de apreciação do Supremo, quando o período da sua arguição se houver esgotado com a prolação do despacho saneador - artigo 206 do Código de Processo Civil. II - Nos termos do artigo 205 do Código de Processo Civil, só os interessados a quem a citação interessa, e não o autor, têm legitimidade para arguir as mencionadas nulidades e irregularidades da citação. III - O Supremo apenas julga matéria de direito, não lhe cabendo imiscuir-se na determinação da matéria fáctica estabelecida pelas instâncias, a não ser que se verifiquem as excepções do n. 2, do artigo 722 do Código de Processo Civil. IV - O documento que titula contrato-promessa de...
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