Acórdão nº 0121709 de Court of Appeal of Porto (Portugal), 21 de Janeiro de 1992
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 21 de Janeiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. PROVIDO. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART17 ART28 N2 ART30 N1 ART146 ART517 N1 ART520 ART521. CCIV66 ART286.
Sumário: I - A prova por inquirição de testemunhas ( mesmo antecipada ) é uma prova constituenda e, assim, a lei não impõe que se faculte a sua impugnação à parte contrária, tanto no que toca à respectiva admissão como à sua força probatória. II - A necessidade da presença de ambos os cônjuges em determinadas acções é questão atinente à legitimidade e não à capacidade judiciária. III - O acto nulo praticado por um dos cônjuges pode ser atacado pelo outro cônjuge. IV - A legitimidade resulta da posição que as partes ocupam na relação material controvertida, tal como é invocada pelo autor e afere-se pelo seu cotejo com os fundamentos do pedido. V - Para poder ser decretada a nulidade de...
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