Acórdão nº 079772 de Supremo Tribunal Administrativo (Portugal), 22 de Novembro de 1990 (caso None)
Magistrado Responsável | JOAQUIM DE CARVALHO |
Data da Resolução | 22 de Novembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART10 ART20 ART21 ART22 ART26 N3 ART27 ART28 ART474 N1 B ART476 N1 ART477 N1. CCIV66 ART1433 N4 ART1437 N1 N2.
Sumário : I - Segundo o n. 3 do artigo 26 do Codigo de Processo Civil, so na falta de outra indicação legal diferente e que a legitimidade se afere pela posição do sujeito da relação material controvertida. II - Diz-se claramente no n. 4 do artigo 1433 do Codigo Civil que as acções de impugnação das deliberações das Assembleias de Condominos são propostas contra estes, representados pelo Administrador. III - No artigo 1433 do Codigo Civil não se atribui legitimidade ao Administrador para demandar e ser demandado, ao contrario do que acontece no artigo 1437 do Codigo Civil. IV - Compreende-se tal diferença: e que o Administrador e o orgão executivo do condominio, grupo de condominos, cabendo nas suas funções, essencialmente, a pratica e a responsabilidade dos actos de conservação e fruição das coisas, ou partes comuns. E e para acções relacionadas, em...
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