Acórdão nº 0009489 de Court of Appeal of Lisbon (Portugal), 26 de Setembro de 1995
| Magistrado Responsável | JOAQUIM DIAS |
| Data da Resolução | 26 de Setembro de 1995 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART349 ART601 ART610 ART611 ART612 N1 N2. CPC67 ART26.
Sumário: I - A legitimidade passiva na acção pauliana define-se pela qualidade de sujeito da relação material controvertida, não pelos eventuais efeitos, indirectos ou reflexos, da decisão sobre o mérito da causa. II - Nos termos do disposto no artigo 349 do Código Civil é permitido ao juiz da sentença extrair a ilação de que a venda realizada causou a impossibilidade de o crédito do autor ser satisfeito integralmente. Se tal raciocínio foi omitido no...
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