Acórdão nº 076194 de Supremo Tribunal de Justiça (Portugal), 26 de Janeiro de 1989 (caso NULL)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 26 de Janeiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART474 N1 C ART479 ART668 N1 C. CCIV66 ART563.
Sumário : I - Não se verifica a nulidade da alinea c) do n. 1 do artigo 668 do Codigo de Processo Civil (oposição entre os fundamentos e a decisão) quando, numa mesma decisão, de um lado e para se concluir pela legitimidade processual da autora se afirmou ter ela "interesse directo" em demandar, e, de outro lado, no sentido de se concluir pela inexistencia de nexo de causalidade entre os prejuizos invocados e o acto tido como lesivo, se afirmou ser meramente "reflexo" (não directo) o interesse ofendido por tal acto. O vocabulo "interesse", numa afirmação e na outra, corresponde a realidades diferentes: - a do interesse em fazer valer um direito; e a do interesse ofendido que serve de suporte a esse direito. II - Para que possa entender-se como evidente a improcedencia duma acção logo a partir da petição inicial, e indispensavel que a impossibilidade de...
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