Acórdão nº 3427/08.6TBTVD-A.L1-1 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
| Magistrado Responsável | ROSÁRIO GONÇALVES |
| Data da Resolução | 01 de Março de 2010 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: 1 -No nº.1 do art.397º do CPC., diz-se apenas que a contestação não será recebida sem vir acompanhada da cópia ou do documento em falta, sem que se faça qualquer alusão ao seu imediatismo, podendo essa apresentação ser efectuada até ao momento do encerramento da discussão da providência.
2 -O desconhecimento do conteúdo dos documentos correspondentes à oposição apresentada e da mesma fazendo parte integrante, consubstanciaria uma lacuna, omitindo um acto que a lei prescreve .
3 - Tal nulidade processual tem que ser suscitada perante o tribunal em que teve lugar e só perante discordância do despacho que sobre a mesma incidiu é que pode ser apresentado recurso.
4 - No âmbito da providência cautelar...
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