Acórdão nº 0013747 de Supremo Tribunal Administrativo (Portugal), 16 de Novembro de 1979 (caso None)
| Magistrado Responsável | LIMA CLUNY |
| Data da Resolução | 16 de Novembro de 1979 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CIV - DIR CONTRAT / DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1682-B A. CPC67 ART18 ART19.
Jurisprudência Nacional: AC STJ DE 1973/05/18 IN BMJ N227 PAG98.
Sumário: I - A acção de despejo deve ser proposta contra marido e mulher, quando o inquilino seja casado e esteja em causa a morada da família. II - Tal questão insere-se no âmbito da capacidade judiciária passiva e deve ser conhecida oficiosamente, quando o R. a não tenha arguido na contestação. III - Porém, a...
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