Acórdão nº 074730 de Supremo Tribunal de Justiça (Portugal), 17 de Maio de 1988
Magistrado Responsável | JOSE DOMINGUES |
Data da Resolução | 17 de Maio de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A CASTRO PROC CIV V3 PAG446. A VARELA MENUAL DE PROC CIV 1ED PAG412.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART28 ART288 N1 D ART510 ART511 ART668 N1 D ART672 ART722 N2 ART729 N2 N3 ART730. DL 242/85 DE 1985/07/09. CCIV66 ART980. CCOM888 ART2 ART104 ART107 ART113 ART463 N3. CSC86 ART1 N2 ART7 N1.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414. AC STJ DE 1981/02/03 IN BMJ N304 PAG345. AC STJ DE 1984/07/05 IN BMJ N339 PAG370. AC STJ DE 1981/10/06 IN BMJ N310 PAG259.
Sumário : I - O despacho saneador contempla duas partes distintas e inconfundiveis: a primeira, destinada a conhecer e resolver, se para tanto houver os necessarios elementos, as questões a que se reportam as alineas a) a c) do n. 1 do citado artigo 510; a segunda, destinada a organização da especificação e do questionario, caso o saneador não tenha posto termo a acção. II - A fixação da especificação e do questionario, com ou sem despacho proferido sobre a reclamação, com ou sem inpugnação do despacho saneador no recurso que se interpusesse da decisão final, não conduz a caso julgado formal, podendo a selecção da materia de facto, então feita, ser posteriormente modificada, nomeadamente pelo Supremo Tribunal de Justiça. III - O despacho saneador, em tudo que não se refere a fixação da especificação e do questionario, ou seja, no tocante as decisões nele tomadas quanto as materias referidas nas alineas a), b) e c) do n. 1 do artigo 510 do Codigo de Processo Civil, entre as quais se encontra a da legitimidade das partes, transitara em julgado se dele não se interpuser recurso e formara caso julgado formal quando recaia sobre a relação...
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