Acórdão nº 9550601 de Court of Appeal of Porto (Portugal), 27 de Novembro de 1995
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 27 de Novembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART28 N1 ART273 N2. CCIV66 ART2091 N1 ART1569 N1 N2 N3 ART1547 N1 N2 ART1550 N2.
Jurisprudência Nacional: AC RC DE 1983/05/17 IN CJ T3 ANOVIII PAG53. AC RC DE 1989/03/28 IN CJ T2 ANOXIV PAG54.
Sumário: I - O trânsito em julgado de despacho saneador em que se decidiu que uma herança demandada através do seu legal administrador é parte ilegítima por não terem sido demandados todos os herdeiros e se tratar de litisconsórcio necessário passivo tem o alcance de não terem sido demandados todos os interessados, sendo por isso com ele compatível o consequente pedido formulado, nos termos do artigo 269 n.1 do Código de Processo Civil, da intervenção principal dos demais herdeiros cujo deferimento, naquele caso, não importa a substituição de uma parte por outra mas o aditamento de partes para sanar o vício resultante do afirmado litisconsórcio necessário. II - É admissível, em processo especial de extinção de servidão de passagem, que na petição se alega constituída por usucapião, que, na resposta à contestação, o Autor, sobre os factos já alegados na petição inicial, peça a mesma extinção com fundamento na constituição da servidão também voluntária e também enquanto servidão legal, extinção pedida em qualquer caso por desnecessidade, por em tal situação não se verificar ampliação do pedido - que se mantém o mesmo - nem verdadeira...
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