Acórdão nº 97A446 de Supremo Tribunal de Justiça (Portugal), 23 de Setembro de 1997 (caso NULL)
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 23 de Setembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: M ANDRADE IN MANUAL PROC CIV PÁG75. A CASTRO IN DIR PROC CIV PÁG204. A VARELA IN RLJ ANO117 PÁG381. A REIS IN CPC ANOTADO VOLV PÁG266.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART27 ART28 N1 N2 ART680 N1 ART687 N4. CCIV66 ART1052 ART1315 ART1547 N2 ART1550. DL 329-A/95 DE 1995/12/12 ART16 ART25.
Sumário : I - O litisconsórcio necessário exigido "pela própria natureza da relação jurídica" apenas se destina a evitar decisões praticamente inconciliáveis, sendo indiferente a coexistência de decisões logicamente contraditórias. II - Não se verifica esse litisconsórcio na acção em que se pretende o reconhecimento da existência de servidão...
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