Acórdão nº 0059251 de Supremo Tribunal Administrativo (Portugal), 16 de Novembro de 1993 (caso None)
Magistrado Responsável | QUINTA GOMES |
Data da Resolução | 16 de Novembro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: PIRES DE LIMA E ANTUNES VARELA CÓDIGO CIVIL ANOTADO V2 PAG533. JANUARIO GOMES ARRENDAMENTOS COMERCIAIS 2ED PAG77.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CPC67 ART784 ART966 N1 ART972. CCIV66 ART1085 ART1093 N1 F ART1118.
Jurisprudência Nacional: AC RL DE 1979/03/27 IN CJ T2 PAG606. AC RP DE 1973/06/29 IN BMJ N228 PAG274. ASS STJ DE 1963/03/01. AC RP DE 1979/05/17 IN CJ T3 PAG319. AC RP DE 1988/04/28 IN CJ T2 PAG219. AC RC DE 1988/05/10 IN CJ 1988 T1 PAG73. AC RP DE 1986/05/20 IN CJ T3 PAG193. AC RL DE 1987/05/05 IN CJ T3 PAG73. AC RP DE 1976/04/23 CJ T1 PAG159 Sumário: I - Uma coisa é a relação jurídica processual, formada em consequência da apresentação em juízo da petição inicial e da citação do réu, outra a relação jurídica substancial ou material, que se quer submeter à apreciação do tribunal ou sobre a qual se pretende fazer recair uma decisão jurisdicional. II - Ao decidir dos pressupostos processuais o tribunal não está a conhecer ainda da existência ou inexistência do direito que as partes se arrogam. III - Traduzindo-se sempre a ilegitimidade na ausência do direito ou da obrigação de quem no processo é parte legitima, por não ser o sujeito activo ou passivo da relação jurídica material controvertida, é bem de ver que a situação determinante da ilegitimidade, uma vez decidida essa questão, no sentido da legitimidade, é depois causa da improcedência da acção. IV - A acção de despejo é uma acção de carácter pessoal ou obrigacional e não real. V - A acção de despejo pressupõe a existência de um contrato de arrendamento válido e que o senhorio tem fundamento legal para resolver...
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