Acórdão nº 075746 de Supremo Tribunal Administrativo (Portugal), 18 de Fevereiro de 1988 (caso None)
Magistrado Responsável | ALMEIDA RIBEIRO |
Data da Resolução | 18 de Fevereiro de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS COMENTÁRIO AO CPC VII PAG199 PAG488. R BASTOS NOTAS AO CPC VI PAG407 PAG409 PAG413. P PGR N143/82 DE 1982/10/28 IN BMJ N327 PAG399.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV. DIR CONST - DIR FUND.
Legislação Nacional: CCIV66 ART202 ART204 ART206 ART1311. CPC67 ART26 N3 ART489 N1. L 77/77 DE 1977/09/29 ART22 ART23 ART47. CONST82 ART62 ART97 N1.
Jurisprudência Nacional: AC RE DE 1984/06/14 IN CJ ANOIX PAG332.
Sumário : I - Em acção de reivindicação, a causa de pedir é o direito de propriedade sobre o prédio reivindicado que o autor se arroga. II - A nulidade invocada com base na falta de causa de pedir encontra-se sanada se o tribunal de 1 instância não conhecer dela oficiosamente e a ré a não arguir até à contestação ou neste articulado, sendo proferido o despacho saneador. III - Afirmando-se os autores donos da propriedade ocupada pela ré sem qualquer título, são aqueles, bem como esta, sujeitos da relação jurídica controvertida, tendo legitimidade para a causa. IV - Na zona de intervenção da reforma agrária, ninguém pode...
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