Acórdão nº 9620866 de Court of Appeal of Porto (Portugal), 25 de Fevereiro de 1997
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 25 de Fevereiro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART26 N3 ART18 N1 ART19 ART489 ART495 ART456 N2. CCIV66 ART1682-A N1 B.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN DR IS 1963/02/21.
Sumário: I - A declaração genérica, no despacho saneador, sobre a legitimidade das partes, não impede o conhecimento dessa excepção dilatória, na sentença final, no caso de, posteriormente àquele despacho, ser junta certidão comprovativa do estado de casado do réu em certo regime de bens e de, em face desse elemento novo, o réu dever ser julgado parte ilegítima por estar desacompanhado do seu cônjuge. II - O princípio da concentração da defesa, na contestação, não abrange as matérias de conhecimento oficioso, como é o caso da excepção dilatória de ilegitimidade, a qual pode ser invocada pelo réu...
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