Acórdão nº 0124272 de Court of Appeal of Porto (Portugal), 10 de Janeiro de 1991
| Magistrado Responsável | LOPES FURTADO |
| Data da Resolução | 10 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART1410 N1 ART295 ART1380 N1.
Jurisprudência Nacional: AC STJ DE 1980/11/26 IN BMJ N301 PAG433.
Sumário: 1- Em acção de preferencia so tem legitimidade passiva o alienante quando a decisão o possa prejudicar directamente, como sucedera no caso de ser alegada a simulação do preço. 2- A excepção da ilegitimidade e do conhecimento oficioso pelo Tribunal da Relação em recurso mesmo que não seja objecto deste, se tal materia foi omitida na decisão da primeira instancia. 3- Como acto juridico, as declarações vasadas na petição inicial valem com o sentido que um declaratario normal colocado na posição do real declaratario possa deduzir, salvo se...
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