Acórdão nº 074146 de Supremo Tribunal de Justiça (Portugal), 04 de Dezembro de 1986
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 04 de Dezembro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. REVISTA.
Decisão: PROVIDO PARCIAL. CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL. DIR COM - REGISTOS. DIR REGIS NOT.
Legislação Nacional: CPC67 ART668 N1 C ART684 N4 ART722 N2 ART731 N1. CCIV66 ART369 ART371. CRP84 ART2 N1 D ART14.
Sumário : I - A oposição entre os fundamentos e a decisão, integrantes da nulidade da alínea c) do n. 1 do artigo 668 do Código de Processo Civil, pode ser suprida pelo Supremo Tribunal de Justiça. II - Nos termos do n. 1 do artigo 731 do Código de Processo Civil, ao suprimento da nulidade terá de corresponder a indicação do sentido em que deverá ser modificado o acórdão, ou seja, se essa modificação há-de incidir sobre os fundamentos ou sobre a decisão. III - Face ao que se dispunha no Código de Registo Predial de 1984, a constituição da propriedade horizontal e as respectivas alterações do seu título constitutivo eram actos sujeitos a registo obrigatório nos termos dos preceitos combinados...
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