Acórdão nº 9620302 de Court of Appeal of Porto (Portugal), 30 de Abril de 1996
| Magistrado Responsável | ALBERTO SOBRINHO |
| Data da Resolução | 30 de Abril de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART24 ART356 ART494.
Sumário: I - Em acção que deva ser proposta pelos dois cônjuges ou por um autorizado por outro e o é só por um, definido em despacho pelo juiz ocorrer ilegitimidade passiva por preterição do litisconsórcio necessário e concedido ao Autor um prazo para sanar a excepção nos termos do n.2 do artigo 494 do Código de Processo Civil, não pode a Relação, no agravo interposto pelo Réu contra a aplicação ao caso deste preceito, qualificar o vício como de incapacidade judiciária activa do Autor por ter...
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