Regime
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 43-44 |
Page 43
[ GR¡FICO EM ARQUIVO ADJUNTO ]
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a nulidade proveniente da falta de citaÁ„o, pode verificar-se:
* quanto ao executado
** quanto ao cÙnjuge, sempre que tenha de ser chamado ao processo
*** quanto aos credores do executado detentores de garantia real sobre os bens penhorados.
Page 44
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Apenas e tão-só os requisitos enumerados no art. 163º do C.P.P.T., retiram força executiva ao título, implicando, ipso facto, a devolução à entidade que o emitiu.
A falta de outros requisitos, sempre suprível, não gera nulidade.
As nulidades acima mencionadas são de conhecimento oficioso e podem ser arguidas até ao trânsito em julgado da decisão final.
A par do conhecimento oficioso, é evidente, que também o podem ser através da arguição da parte que lhes não deu causa, até àquele mesmo limite temporal.
Considera-se a decisão...
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