Acórdão nº 0014912 de Court of Appeal of Lisbon (Portugal), 03 de Outubro de 1996
| Magistrado Responsável | NORONHA DO NASCIMENTO |
| Data da Resolução | 03 de Outubro de 1996 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV / TEORIA GERAL.
Legislação Nacional: CPC67 ART26. CCIV66 ART483 ART487 ART492 ART493.
Sumário: I - A legitimidade deve ser apreciada da mesma forma que o são outras questões processuais prévias, tais como a competência ou a forma processual de qualquer acção: em todos estes casos, a instância delimitada pelo Autor na petição funciona como o polo orientador que conduz à solução correcta. II - É a petição inicial do Autor que vai servir de aferidor para o interesse que conduz à legitimidade processual. III - Como questão prévia que é, a legitimidade tem que ser apreciada préviamente à questão substantiva de fundo. IV - A culpa, no nosso sistema de responsabilidade civil, permanece como a matriz para o direito do lesado e o dever do...
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