Acórdão nº 0092011 de Supremo Tribunal Administrativo (Portugal), 27 de Junho de 1995 (caso None)
Magistrado Responsável | GUILHERME IGREJA |
Data da Resolução | 27 de Junho de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART26. CCIV66 ART424 ART1057.
Jurisprudência Nacional: AC STJ DE 1985/10/31 IN BMJ N350 PAG317. AC STJ DE 1988/10/12 IN BMJ N380 PAG432. AC STJ DE 1991/12/17 IN BMJ N412 PAG422. AC STJ DE 1994/06/15 IN CJ 1994 T2 PAG148. AC RL DE 1991/02/21 IN CJ 1991 T1 PAG163. AC RL DE 1992/02/06 IN CJ 1992 T1 PAG129. AC RC DE 1986/04/05 IN BMJ N376 PAG663. AC RL DE 1990/05/29 IN CJ 1990 T3 PAG130.
Sumário: I - Deriva do artigo 26 do CPC que, na determinação da legitimidade das partes, deve atender-se à posição destas na relação jurídica controvertida, que, conforme orientação julgada dominante, é a configurada pelo Autor na petição inicial, e não à realmente existente, e, assim, abstraindo da questão do mérito da causa, que será apreciada e decidida em momento posterior. II - No...
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