Acórdão nº 081520 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1992 (caso NULL)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 05 de Maio de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: CIT A VARELA MAN PROC CIV 4ED PAG714.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART606. CONST82 ART2. CPC67 ART270 A ART271 N3 ART498 N2 ART668 N1 D ART715 ART716 N1 ART749 ART762 ART986 A B N2 N4.
Sumário : I - Não tendo a Relação conhecido da questão de caso julgado material, suscitada pelo senhorio no recurso, cometeu-se a nulidade da alinea d), do n. 1, do artigo 668 do Codigo de Processo Civil, mas sanada pelo Supremo Tribunal de Justiça, de acordo com o disposto - - artigos 677, 749 e 715 do mesmo Codigo. II - Na acção de despejo a Re foi substituida pelo administrador da massa falida, da sua falencia, que trespassou ao aqui recorrido o estabelecimento comercial, não tendo este intervindo na acção de despejo, e por isso, não lhe pode ser aplicado o disposto no n. 3 do artigo 271, do Codigo de Processo Civil, não lhe sendo oponivel o caso julgado formado nessa acção de despejo. III - O contrato de trespasse não envolve so por si a substituição processual do trespassante pelo trespassario, que tem de ser feita nos termos da lei processual. IV - O mandado de despejo so pode ser sobestado, quando o executor não tiver sido ouvido e convencido na acção de...
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