Acórdão nº 087709 de Supremo Tribunal de Justiça (Portugal), 07 de Dezembro de 1995 (caso NULL)
Magistrado Responsável | JOAQUIM DE MATOS |
Data da Resolução | 07 de Dezembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A REIS COMENT VOLII PAG103. R BASTOS NOTAS 1972 VOLIII PAG130.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART483. CPC67 ART30 ART31 ART152 N1 ART193 N1 N2 B ART195 N2 A ART204 N1 ART274 N2 A E ART456 ART457 ART469 N2 ART493 ART494 N1 ART684 N3 ART690 N1.
Sumário : I - Desde que os Réus, marido e mulher, vivam em economia comum e na mesma residência, basta a entrega de um duplicado da petição inicial ao cônjuge marido, aquando das citações, pelo que a citação da Ré mulher não é nula, por não lhe ter sido entregue novo duplicado, até porque ambos têm o mesmo mandatário, encontrando-se a citação regularmente feita. II - Desde que os Autores fundam o seu pedido principal de nulidade do contrato de compra e venda celebrado entre os Réus, por simulado, e o subsidiário em acção Pauliana por ser credor e ver-se impossibilitado de executar o seu direito, tem legitimidade para discutir estas questões, independentemente de ser ou não titular desse direito, o que constitui já o conhecimento de mérito. III - Quando o artigo 469 do Código de Processo Civil fala em circunstâncias que impedem a coligação de Autores e Réus, refere-se tão somente aos obstáculos à coligação previstos no seu artigo 31 e não também aos requisitos positivos a que alude o seu artigo...
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