Acórdão nº 074257 de Supremo Tribunal Administrativo (Portugal), 20 de Novembro de 1986 (caso None)
| Magistrado Responsável | ALMEIDA RIBEIRO |
| Data da Resolução | 20 de Novembro de 1986 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART201 ART205 N1 A ART784 N2 ART795 N1 ART1053 N2 ART1054 N2. CCIV66 ART1417 N2 ART1421 ART1423.
Sumário : I - Na acção de divisão de coisa comum, só é possível passar-se à fase executiva, a começar pela nomeação de peritos, depois de decidida a questão da impossibilidade de dividir um prédio que se pretende em regime de propriedade horizontal por haver obrigatoriamente partes comuns. II - Procedendo o tribunal à nomeação dos peritos, sem se pronunciar sobre os problemas levantados, foi dado "um salto" na marcha do processo, o que constitui a nulidade do artigo 201 do Código de Processo Civil: omissão de acto ou formalidade prescrita por lei, podendo...
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