Acórdão nº 96A115 de Supremo Tribunal de Justiça (Portugal), 01 de Outubro de 1996 (caso NULL)
Magistrado Responsável | ARAGÃO SEIA |
Data da Resolução | 01 de Outubro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: RIBEIRO MENDES IN RECURSOS EM PROCESSO CIVIL 2ED PÁG175.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG / TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CPC67 ART201 ART203 ART205 ART456 N1 ART481 A ART619 N2 ART651 N1 A B C N2 ART663 N1 ART687 N3. CCIV66 ART212 N2 ART269 N1 N3 ART804 ART805 N1 ART1260 ART1269 ART1270 ART1271.
Jurisprudência Nacional: AC STJ DE 1977/10/11 IN BMJ N270 PAG219.
Sumário : I - Anulado todo o processado a partir da audiência de julgamento, inclusivé, uma vez que não foi arguida qualquer nulidade que afectasse a declaração da abertura da audiência, tem de entender-se que o tribunal apenas quis anular os trâmites processuais em que teve início a discussão e julgamento. Assim, se, antes disso, a audiência sofreu um adiamento por falta de comparência de advogado, já não pode sofrer segundo adiamento, a não ser no caso de impossibilidade de constituição do tribunal colectivo. II - A parte que requereu o depoimento pessoal da parte contrária ou dos seus...
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