Acórdão nº 067145 de Supremo Tribunal de Justiça (Portugal), 09 de Maio de 1978
Magistrado Responsável | FERREIRA DA COSTA |
Data da Resolução | 09 de Maio de 1978 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA. AGRAVO.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART99 N1 ART201 N1 ART710 N1 ART722 ART726 ART729 ART1096 G ART1099 N1 ART1511 ART1513 ART1514. CCIV66 ART41 ART42 ART560 N3 ART806 ART1146 N2. CCOM888 ART4. CONV DE GENEBRA ART1 IN DG DE 1931/01/13.
Referências Internacionais: CONV DE GENEBRA ART1 IN DG DE 1931/01/13.
Jurisprudência Nacional: AC STJ DE 1975/05/07 IN RDES ANOXIII N3 PAG64. AC STJ DE 1977/01/06 IN BMJ N263 PAG185.
Sumário : I - O n. 1 do artigo 1099 do Codigo de Processo Civil pressupõe a tramitação normal do processo de revisão e confirmação de sentenças estrangeiras na segunda instancia, o que não sucede quando os autos baixam a Relação unicamente para ampliação da materia de facto. II - Neste caso as partes ja tiveram a oportunidade de sustentar as suas razões, tanto nas alegações ai produzidas como nas de recurso, versando todas as questões que os novos factos apurados poderiam suscitar, pelo que, ainda que se tivesse incorrido na nulidade resultante da omissão da formalidade de novo exame do processo, para alegações, pelas partes, certo ela não teria influido no exame e decisão da causa e, por isso, não justificaria a repetição do processo - n. 1 do artigo 201 do Codigo de Processo Civil. III - O artigo 1511 do Codigo de Processo Civil regula o compromisso arbitral que tenha de ser...
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