Acórdão nº 9721172 de Court of Appeal of Porto (Portugal), 21 de Abril de 1998
| Magistrado Responsável | NORMAN DE MASCARENHAS |
| Data da Resolução | 21 de Abril de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART498 ART2079 ART2086 N1 A B ART2093 ART2094 ART2089.
Jurisprudência Nacional: AC RC DE 1979/10/30 IN CJ T5 ANOIV PAG1406.
Sumário: I - O despacho que ordena uma notificação judicial avulsa depende da verificação dos seguintes requisitos: a) Ser o escrito, formalmente, regular, no que toca, em especial, à sua inteligibilidade, à capacidade e à legitimidade do transmissor e do receptor; b) Não violar o pedido normas imperativas, de conhecimento oficioso, nem os princípios da boa fé e dos bons costumes; c) Potencialidade abstracta da existência do facto ou do direito afirmados; d) Não se mostrar a diligência, manifesta e juridicamente...
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