Acórdão nº 085158 de Supremo Tribunal de Justiça (Portugal), 13 de Abril de 1994
| Magistrado Responsável | MARTINS DA COSTA |
| Data da Resolução | 13 de Abril de 1994 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART145 N5 N6 ART245 ART382 N1 A B D ART383 ART740 N3 ART757 N2 B.
Jurisprudência Nacional: AC STJ DE 1947/05/27 IN RLJ 80/204. AC RP DE 1976/04/21 IN CJ I 2/488. AC RP DE 1989/03/16 IN CJ XIV 2/206.
Sumário : I - Admitido um recurso com subida diferida e efeito meramente devolutivo, quando devia ter subido imediatamente e em separado, mas, atingido determinado estado de andamento que já se tornou inútil alterar o regime de subida, tornou-se inútil o recurso do despacho que fixou aquele regime. II - 1- São requisitos cumulativos da caducidade de providência cautelar, com o fundamento previsto no artigo 382, n. 1, alínea a), segunda parte, do Código de Processo Civil, a paralização do processo durante...
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