Acórdão nº 9451048 de Court of Appeal of Porto (Portugal), 16 de Janeiro de 1995
| Data | 16 Janeiro 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART26 N3 ART1014 N1 N2. CCIV66 ART980.
Jurisprudência Nacional: AC STJ DE 1968/06/25 IN BMJ N308 PAG242.
Sumário: I - A legitimidade das partes afere-se pela sua posição na relação material controvertida tal como é configurada na petição inicial. Se o autor não provar o direito que se arroga, a consequência não é a da sua ilegitimidade, mas a da improcedência da acção. II - O réu tem obrigação de...
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