Acórdão nº 062742 de Supremo Tribunal Administrativo (Portugal), 11 de Junho de 1969 (caso None)
Data | 11 Junho 1969 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART26 N3 ART668 N1 D ART716 N1. CCIV867 ART2291.
Sumário : I - A ilegitimidade do autor pode ser deduzida pelo reu de forma implicita; alias e questão de que pode e deve conhecer-se oficiosamente. II - Não incorre, assim, na nulidade prevista nos artigos 668-I, alinea d), e 716-I, do Codigo de Processo Civil, o acordão da Relação que conhece da ilegitimidade do autor, ainda que tal excepção não tenha sido expressamente invocada pelo reu, para mais tendo sido conhecida oficiosamente na primeira instancia, cuja decisão, nessa parte, não foi posta em causa no recurso para a mesma Relação. III - Não tendo os autores outorgado num contrato celebrado entre o Estado e outro, pelo qual o mesmo Estado teria cedido a este o leito de uma vala, nem sendo sucessores a titulo universal ou particular do pretenso adquirente, e manifesta a sua ilegitimidade para pedirem a entrega desse leito, sem necessidade de tomar posição na questão de saber se a relação material controvertida e a invocada ou a...
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