Acórdão nº 97B899 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1999 (caso NULL)
Magistrado Responsável | SOUSA DINIZ |
Data da Resolução | 18 de Fevereiro de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - DIR CONTRAT.
LegislaÁ„o Nacional: CPC67 ART193 N1 ART205 ARTART206 N1 ART494 B ART495 ART664. CCOM888 ART463 ART471. CCIV66 ART406 N1 ART762 N1.
JurisprudÍncia Nacional: AC STJ DE 1975/02/25 IN BMJ N244 PAG281. AC STJ DE 1995/06/29 IN CJSTJ ANOIII TII PAG146.
Sum·rio : I - A ineptid„o da petiÁ„o inicial È nulidade de conhecimento oficioso atÈ ao despacho saneador. II - Deve distinguir-se entre falta absoluta de motivaÁ„o e motivaÁ„o deficiente, mediocre ou errada; o que a lei considera nulidade È a falta absoluta de motivaÁ„o. III - SÛ existe oposiÁ„o entre fundamentos e decis„o, em termos de tornar nula a sentenÁa, quando os fundamentos invocados devessem logicamente conduzir a uma decis„o...
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