Acórdão nº 0070591 de Court of Appeal of Lisbon (Portugal), 18 de Janeiro de 1994
| Magistrado Responsável | LOPES PINTO |
| Data da Resolução | 18 de Janeiro de 1994 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART26. CCIV66 ART342 N1 ART354 B. CRC78 ART5.
Jurisprudência Nacional: AC STJ DE 1981/06/25 IN BMJ N308 PAG242. ASS STJ DE 1963/02/01 IN BMJ N124 PAG414 IN DG 1963/02/21.
Sumário: I - Para determinar a legitimidade do réu não é necessário averiguar se ele agiu em nome próprio ou em nome alheio; basta a circunstância de ser a pessoa a quem o autor atribui a posição de violador de um direito. Para decidir da legitimidade o juiz não tem (nem deve) fazer um julgamento antecipado da questão substancial que lhe é submetida. II - Invocando o réu, na contestação, o seu estado de...
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