Acórdão nº 0043021 de Supremo Tribunal Administrativo (Portugal), 26 de Novembro de 1991 (caso None)
Data | 26 Novembro 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: MARCELLO CAETANO IN MANUAL DE DIREITO ADMINISTRATIVO V2 PAG1000/1004.
Área Temática: DIR CIV - DIR REAIS / DIR RESP CIV. DIR PROC CIV. DIR ADM.
Legislação Nacional: CCIV66 ART1305 ART1309 ART1310. CPC67 ART322 N3 ART324. CONST89 ART62. DL 34021 DE 1944/10/11 ART1 ART2 PARUNICO. DL 37758 DE 1950/02/22. DL 47344 DE 1966/11/25 ART3. DL 43587 DE 1961/04/08. DL 497/85 DE 1985/12/17. DL 91/88 DE 1988/03/12.
Sumário: I - Foi bem deduzido o incidente de nomeação à acção do Gabinete de Saneamento Básico da Costa do Estoril pela ré empreiteira, ao abrigo do disposto no art. 324, do Código de Processo Civil, que sendo demandada sob acusação de ter agido por sua iniciativa, pretendeu demonstrar que foi incumbida de fazer as obras por quem detinha o poder legítimo de as mandar realizar. II - Não tendo o autor aceite a nomeação, e tendo o tribunal adquirido o convencimento da veracidade da alegação, teria de a julgar parte ilegítima, nos termos do art. 322 n. 3 do...
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