Acórdão nº 070136 de Supremo Tribunal Administrativo (Portugal), 15 de Julho de 1982 (caso None)
Magistrado Responsável | ABEL DE CAMPOS |
Data da Resolução | 15 de Julho de 1982 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART456 ART489 ART495 ART514 ART660 N2 ART664.
Sumário : I - Se o Réu na tréplica alega a ilegitimidade do Autor que não mostrava ser legítimo portador da letra, por esta não ter sido endossada a favor dele Banco Português do Atlântico mas do Algarve, quando a podia deduzir na contestação, este processo de defesa do Réu não observa os ditames da boa fé que justificam o princípio da preclusão das deduções do artigo 489 do Código de Processo Civil. II - A questão da legitimidade é de conhecimento oficioso do Tribunal que dela deve conhecer mesmo quando não suscitadas pelas partes (artigos 495 e 660 n. 2 do Código de Processo Civil) e, por isso, ao ocupar-se dela podia o...
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