Acórdão nº 069590 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1981
Magistrado Responsável | CORTE REAL |
Data da Resolução | 02 de Dezembro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART201 ART205 ART668 N1 D ART712 ART722 N2 ART727 ART729 N2. CCIV66 ART892. DL 201/75 DE 1975/04/15 ART25.
Sumário : I - O facto de a sentença ter sido proferida pelo juiz da comarca, quando o deveria ter sido pelo juiz de círculo, constitui uma nulidade nos termos do artigo 201 do Código de Processo Civil, sanando-se se não for arguida em tempo. II - Esse facto não constitui a nulidade da sentença, do artigo 668, n. 1, alínea d), parte final, pois aqui trata-se apenas de o juiz conhecer de questões de que não podia conhecer e não da falta de competência para proferir a sentença, in totum. III - Tendo a Relação julgado que na escritura não foi vendida a parte rústica do conjunto urbano-rústico denominado "Cerca", de que os Autores eram arrendatários, mas a parte alíquota de um outro, diferente e distinto, de que não eram arrendatários e que o Réu marido já tinha anteriormente adquirido, declarando nulo o contrato, o Supremo não pode alterar esta matéria de facto, que tem de aceitar - artigo 729, n. 2 do Código...
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