Acórdão nº 0063201 de Court of Appeal of Lisbon (Portugal), 08 de Fevereiro de 1994
Data | 08 Fevereiro 1994 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: M DE ANDRADE N ELEMENTARES DE P CIVIL PAG288. A VARELA M PROCESSO CIVIL 2ED PAG726. L CARDOSO M DA ACÇÃO EXECUTIVA 1964 PAG513.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART410 N3 ART759 N2. CPC67 ART813 ART865 N1 ART866 N4 ART869.
Jurisprudência Nacional: AC STJ DE 1993/01/12 IN CJ T1 PAG33. AC STJ DE 1993/01/12 IN CJ T1 PAG30. AC RL DE 1992/01/16 IN CJ T1 PAG139. AC RL DE 1989/10/12 IN CJ T4 PAG152.
Sumário: I - Quanto ao caso julgado, o princípio fundamental é o da sua eficácia relativa, só tem força entre as partes. II - Quanto aos não intervenientes na acção, tem-se entendido que a sentença se impõe aos chamados terceiros juridicamente indiferentes (aqueles a quem a sentença não causa qualquer prejuízo jurídico, embora lhes possa causar prejuízo económico, por ser afectada a solvabilidade do devedor) mas já não aos terceiros juridicamente interessados...
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