Acórdão nº 081311 de Supremo Tribunal de Justiça (Portugal), 17 de Dezembro de 1992
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 17 de Dezembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: A VARELA IN RLJ ANO123 PAG284. A REIS IN COMENTÁRIO AO CPC VI PAG367.
Área Temática: DIR JUDIC - ORG COMP TRIB. DIR PROC CIV. DIR CONST - PODER POL.
Legislação Nacional: LOTJ87 ART28 N3 C ART41 N1 F ART46 N1 N3 ART48 ART53 ART54 ART55 ART72. CPC67 ART71 C ART72 D ART115 N1 N2. CONST89 ART212 N2 ART213 N1 N2.
Jurisprudência Nacional: AC STJ DE 1988/06/30 IN BMJ N378 PAG664. AC SJT DE 1987/11/19 IN BMJ N371 PAG388. AC STJ DE 1987/03/05 IN BMJ N365 PAG549.
Sumário : I - O conflito entre tribunais deverá ser qualificado de jurisdição ou de competência consoante eles devam ou não ser considerados de espécie diferente. II - O 2 Juízo do Tribunal de Família de Lisboa e o 10 Juízo Cível da mesma comarca, para os efeitos do artigo 115 do Código de Processo Civil, são tribunais da mesma espécie, de modo que...
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