Acórdão nº 081420 de Supremo Tribunal de Justiça (Portugal), 19 de Março de 1992 (caso NULL)
Magistrado Responsável | MARTINS DA FONSECA |
Data da Resolução | 19 de Março de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT.
LegislaÁ„o Nacional: CCIV66 ART264 N2 ART265. CPC67 ART722 N2 ART729 N2.
JurisprudÍncia Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414. AC STJ DE 1988/07/05 IN BMJ N379 PAG586.
Sum·rio : I - A declaraÁ„o feita em termos genericos, no saneador, sobre a legitimidade das partes e definitiva, salvo superveniencia de factos que imponham decis„o diferente. II - A ilegitimidade n„o pode funcionar como causa de absolviÁ„o do pedido. III - O Supremo Tribunal de JustiÁa n„o tem poderes para censurar a actividade selectiva traduzida na especificaÁ„o de factos que se consideram provados. IV - O mandato caduca por morte do mandante excepto quando se prove que o mandatario ou terceiro tem interesse na manutenÁ„o dos negocios celebrados ao abrigo da procuraÁ„o passada pelo primeiro no ambito do contrato de mandato ou do substabelecimento. V - A expectativa criada nos reus compradores ou cessionarios de quotas por efeitos de...
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