Acórdão nº 9620029 de Court of Appeal of Porto (Portugal), 14 de Maio de 1996
Magistrado Responsável | AFONSO CORREIA |
Data da Resolução | 14 de Maio de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1380 N2 B. CPP67 ART201 ART203 ART511 ART573 ART575. DL 384/88 DE 1988/10/25 ART18 N1. PORT 202/70 DE 1970/04/21.
Jurisprudência Nacional: AC RC DE 1978 IN CJ T2 ANOIII PAG690. AC RC DE 1981 IN CJ T5 ANOVI PAG81. AC RC DE 1993 IN CJ T4 ANOXVIII PAG41. AC RE DE 1982 IN CJ T1 ANOVII PAG347. AC RP DE 1983 IN CJ T1 ANOVIII PAG225.
Sumário: I - Ao admitir-se para prova por arbitramento um quesito dos Autores em que se perguntava a área de determinado prédio, quando tal área constava já da especificação, cometeu-se a nulidade prevista no artigo 201 do Código de Processo Civil, apenas invocável pelos réus e no prazo de cinco dias a contar da notificação da admissão dos quesitos dos Autores. II - A existência de vários proprietários com direito de preferência na aquisição...
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