Acórdão nº 9630547 de Court of Appeal of Porto (Portugal), 20 de Junho de 1996
Magistrado Responsável | PASSOS LOPES |
Data da Resolução | 20 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO E DO ANO DE 1995 E DA TERCEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART73 N1 ART83 N1 A ART111 N3 ART384 N2 ART421 ART422 N1 N2 ART423 N1 ART742. CCIV66 ART1268 N1 ART1412 N1 ART1736 N2.
Jurisprudência Nacional: AC RP DE 1974/03/13 IN BMJ N235 PAG357. AC RE DE 1981/10/22 IN BMJ N312 PAG318. AC RP DE 1993/09/27 IN BMJ N429 PAG884.
Sumário: I - A procedência da excepção de incompetência relativa em razão do território tem apenas como consequência a remessa do processo para o tribunal competente, não afectando a validade dos actos já praticados. II - Deve considerar-se sanada, com a remessa do processo para o tribunal competente, em cumprimento do disposto no n.2 do artigo 384 do Código de Processo Civil, a irregularidade resultante de, em providência cautelar de arrolamento, requerida em tribunal territorialmente incompetente, este ter decretado o peticionado arrolamento. III - Nos agravos que sobem em separado, incumbe ao recorrente o ónus de instrução do recurso com os elementos indispensáveis à decisão das questões no mesmo suscitadas. IV - Alegando o agravante que a providência cautelar foi decretada sem a sua audição, sem que tivesse sido proferido despacho fundamentado a justificar essa omissão, mas não tendo ele, como lhe competia instruido o recurso com certidão do despacho inicialmente proferido, desconhece-se se foi ou não proferido " despacho fundamentado " a justificar a não audiência do requerido, pelo que, perante tal deficiência de instrução do...
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