Acórdão nº 086413 de Supremo Tribunal de Justiça (Portugal), 06 de Abril de 1995 (caso NULL)
Magistrado Responsável | RAUL MATEUS |
Data da Resolução | 06 de Abril de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO112 PAG136. ALMEIDA COSTA IN DIREITO DAS OBRIGAÇÕES PAG316. P LIMA VARELA CCIV ANOTADO VOLI 4ED PAG391.
Área Temática: DIR CIV - DIR OBG / DIR REAIS / TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART271 N1 N3 ART510 ART511 ART729 N3 ART879 C ART1463. CCIV66 ART219 ART416 N1 N2 ART1409 N1 N2 ART1410. DL 368/77 DE 1977/09/03.
Jurisprudência Nacional: AC STJ DE 1979/01/23 IN BMJ N283 PAG306. AC STJ DE 1984/02/22 IN BMJ N334 PAG473. AC STJ DE 1984/05/15 IN BMJ N337 PAG348. ASS STJ DE 1987/06/25 IN BMJ N368 PAG147. AC STJ DE 1986/11/04 IN BMJ N361 PAG501. ASS STJ DE 1963/02/01 IN BMJ N124 PAG414.
Sumário : I - Preceitua o n. 1 do artigo 271 do C.P.C. que, no caso de transmissão, por acto entre vivos, de coisa ou direito litigioso, o transmitente continua a ter legitimidade para a causa enquanto o adquirente não for, por meio de habilitação, admitido a substitui-lo. II - De acordo com o disposto no artigo 416 do CCIV., aplicável ao caso por via do preceituado no n. 2 do artigo 1409 do mesmo diploma, o consorte...
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