Acórdão nº 083764 de Supremo Tribunal Administrativo (Portugal), 06 de Maio de 1993 (caso None)
Magistrado Responsável | BALTAZAR COELHO |
Data da Resolução | 06 de Maio de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: A REIS CPC ANOTADO VOLV PÁG332. R BASTOS NOTAS AO CPC VOLIII PÁG349 PÁG399. A VARELA IN RLJ ANO120 PÁG312. A REIS PROC ESP VOLI PÁG413.
Área Temática: DIR PROC CIV - RECURSOS / PROC EXEC / PROC ESP. DIR CIV - DIR SUC.
Legislação Nacional: CPC67 ART26 N3 ART494 N1 B ART495 ART676 N1 ART721 N2 ART747 N1 B ART754 B ART755 B ART756 ART758 ART783 ART784 N1 N2 ART827 N1 ART1033 ART1037 N1 N2 ART1042. CCIV66 ART2068 ART2070 ART2071. DL 387/87 DE 1987/12/29 ART54 N1 N2.
Sumário : I - O fundamento específico do recurso de revista é a violação de lei substantiva, sem embargo de, acessoriamente, poder também alegar-se violação da lei adjectiva. II - O recurso apenas fundamentado na violação da lei adjectiva, não cabe na espécie da revista, mas na do agravo. III - O embargante tem posição de terceiro desde que nem a sentença nem o acto jurídico constituam para ele fonte de obrigação. IV - A autonomia patrimonial da herança traduz-se, segundo resulta entre outros, dos artigos 2068, 2070 e 2071 do Código Civil, em estar ela afectada a um escopo de liquidação, ou seja, em assegurar o pagamento dos seus credores com os bens da herança e só com eles. V - Sendo a questão da iligitimidade do embargante de conhecimento oficioso, como resulta dos artigos 494, n. 1 alínea b) e 495 do Código de Processo Civil, pode, sem embargo do disposto no artigo 676, n. 1, do mesmo diploma, ser levantada ex novo no recurso interposto da sentença pelo embargante. VI - No processo sumário e nos processos especiais que, na fase dos articulados o seguem, a falta de contestação...
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