Acórdão nº 9820916 de Court of Appeal of Porto (Portugal), 10 de Novembro de 1998
Magistrado Responsável | EMERICO SOARES |
Data da Resolução | 10 de Novembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART589 ART1054 N1. CCIV66 ART1424 N3 NA REDACÇÃO DO DL 267/94 DE 1994/10/25. D 40333 DE 1965/10/14 ART3 ART3 N2.
Sumário: I - Ao proferir sentença final sem aguardar pela reacção das partes à notificação do despacho que indeferiu o pedido de esclarecimento à perícia realizada em acção de arbitramento, no contexto do artigo 1054 n.1 do Código de Processo Civil ( redacção anterior à reforma de 95/96 ), o Meritíssimo Juiz omitiu acto que a lei previa, o que constitui nulidade secundária, sanada, por os Réus não terem reagido atempadamente. II - Sendo a perícia clara, não necessitando de qualquer esclarecimento, o pedido de esclarecimento feito pelos Réus seria acto inútil, proibido pelo artigo 137 do Código de Processo Civil. III - Apesar de ser diferente a...
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