Acórdão nº 74/09.9TJLSB.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-O Decreto-Lei nº 269/98, de 1 de Setembro, não definiu o que entendia por manifesta improcedência do pedido, deixando ao prudente arbítrio do julgador a sua determinação.
2- O diploma em questão conterá uma formulação suficientemente ampla, permitindo que se conheça sem restrições, quando o pedido formulado seja susceptível de várias orientações legais, não só para que se alcance uma igualdade entre as partes, mas também para que o julgador na sua posição imparcial não seja forçado a decidir contra a interpretação que entende correcta...
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