Acórdão nº 9331177 de Court of Appeal of Porto (Portugal), 08 de Março de 1994
| Magistrado Responsável | METELLO DE NAPOLES |
| Data da Resolução | 08 de Março de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART1437 N3. CPC67 ART55 N1 ART56 N1.
Sumário: I - O problema da legitimidade passiva do administrador de condomínio para ser demandado nessa qualidade só poderá ser discutida na acção declarativa. II - Não vale em processo excutivo um conceito de legitimidade que se reconduza à simples afirmação da titularidade do direito ou da obrigação, na medida em que esta terá que se apresentar fundada no próprio título, relevando somente a titularidade que encontre base no título ( cfr. Anselmo de Castro in "Acção Executiva Singular...", 1970, páginas 72 e 73 ). III - Daí que, como regra, a execução tenha de ser...
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