Acórdão nº 0059391 de Court of Appeal of Lisbon (Portugal), 16 de Novembro de 1993
Magistrado Responsável | GUILHERME IGREJA |
Data da Resolução | 16 de Novembro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CASTRO MENDES DIREITO PROCESSUAL CIVIL V2 PAG189. PIRES DE LIMA E ANTUNES VARELA CÓDIGO CIVIL ANOTADO V3 PAG395.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART26 ART676 N1. CCIV66 ART1430 N1 ART1437.
Jurisprudência Nacional: AC STJ DE 1985/10/31 IN BMJ N358 PAG317. AC STJ DE 1987/02/05 IN BMJ N364 PAG819. AC STJ DE 1988/10/12 IN BMJ N380 PAG432. AC RL DE 1991/02/06 IN CJ T1 PAG163.
Sumário: I - Os recursos, como meios impugnatários das decisões recorridas, visam a modificação destas, mediante a revisão da matéria nelas apreciada (artigo 676 n. 1) e não a obtenção de decisões sobre matéria nova, pelo que nem todas as questões contidas nas conclusões podem ser conhecidas, mas só as que, tendo sido suscitadas no tribunal recorrido, este apreciou e decidiu, a menos que sejam de conhecimento oficioso. II - Deriva do artigo 26, CPC, que na determinação da legitimidade das partes, deve atender-se à posição destas na relação jurídica controvertida que, conforme orientação denominante, é a configurada pelo Autor na petição inicial e não à realmente existente, e, assim, abstraindo da questão do mérito da causa, que será apreciada e decidida em monumento...
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