Acórdão nº 0008091 de Supremo Tribunal Administrativo (Portugal), 18 de Fevereiro de 1997 (caso None)
Magistrado Responsável | PINTO MONTEIRO |
Data da Resolução | 18 de Fevereiro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O PROCESSADO.
Indicações Eventuais: PROF CALVÃO DA SILVA IN "SINAL E CONTRATO PROMESSA" PAG111.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART26 N3. CCIV66 ART442 ART755 N1 F.
Jurisprudência Nacional: AC RC DE 1980/10/28 IN CJ T4 PAG43. AC STJ DE 1972/01/25 IN BMJ N213 PAG250.
Sumário: I - Tem sido jurisprudência maioritária a de que a legitimidade tem que ser determinada pela utilidade ou prejuízo que da procedência ou improcedência da acção possa advir para as partes, face aos termos em que o autor configura o direito invocado e à posição que as partes tenham perante o pedido formulado e a causa de pedir. Tal posição foi acolhida no n. 3 do artigo 26 do "Novo" Código de Processo Civil. II - A relação material controvertida deverá ser encarada em toda a sua dinâmica, quer à configuração dada pelo autor, quer às "nuances" introduzidas pelo réu. III - A lei concede ao promitente-comprador um direito de retenção sobre a coisa objecto do...
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