Acórdão nº 9621117 de Court of Appeal of Porto (Portugal), 21 de Janeiro de 1997
| Magistrado Responsável | AFONSO CORREIA |
| Data da Resolução | 21 de Janeiro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: CONFIRMADA A SENTENÇA. NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART26. CCIV66 ART1121 ART1126 N3 ART762 N2.
Jurisprudência Nacional: AC STJ DE 1991/12/17 IN BMJ N412 PAG425.
Sumário: I - A determinação do objecto do processo e por tal da legitimidade em face dele, é feita necessariamente pelo autor e só por ele, sem necessidade de averiguação sobre se as partes são titulares da efectiva e real relação jurídica controvertida. II - O escopo do contrato de parceria pecuária é o de repartir os lucros na proporção acordada, lucros que são a paga do trabalho ou indústria do pensador e a retribuição do capital do parceiro-proprietário. III - Nos lucros estão ainda incluídos os subsídios e prémios atribuídos pela Comunidade Económica Europeia aos produtores de ovinos e caprinos, mesmo que não previstos...
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