Acórdão nº 079522 de Supremo Tribunal de Justiça (Portugal), 11 de Dezembro de 1990 (caso NULL)
Magistrado Responsável | BEÇA PEREIRA |
Data da Resolução | 11 de Dezembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1405 N2 ART1420 N1 N2 ART1425 N1. CPC67 ART3 ART330.
Jurisprudência Nacional: AC STJ DE 1985/12/19 IN BMJ N352 PAG357. AC STJ DE 1973/06/08 IN BMJ N228 PAG204.
Sumário : I - Se, primeiro um e depois outro condomino, em acções distintas e sucessivas, formularem, por hipotese, pedidos de protecção de um mesmo predio urbano sujeito ao regime de propriedade horizontal, e se esses pedidos tiverem um nucleo comum, tais condominos são entre si terceiros concorrentes. II - Como a lei não exige a participação do outro condomino em cada uma de tais acções, o caso julgado formado numa delas aproveita ao outro condomino que nela não interveio, mas não lhe e oponivel, sob pena de se violar o disposto no artigo 3 do Codigo de Processo Civil, não obstante a mera faculdade...
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