Acórdão nº 066172 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1976
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 28 de Maio de 1976 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART26 ART274 N2 A.
Sumário : I - Na acção em que o autor pretende ver declarada a nulidade do contrato-promessa que celebrou com os reus, marido e mulher, e que estes sejam condenados a restituir as quantias recebidas por força de tal contrato, a re mulher e parte legitima. II - E que a procedencia da acção obrigara a re a ver declarado nulo o contrato que tambem celebrou e obriga-la-a igualmente a restituir as quantias recebidas pelo casal em execução do mesmo contrato. III - A legitimidade das partes e uma posição destas perante o pedido: proceder ou não proceder o pedido ja não contende com o pressuposto processual, mas sim com o merito da causa. IV - E legal a reconvenção em que os reus pedem o reconhecimento da existencia de uma sociedade irregular constituida entre o autor e o reu marido, a respectiva dissolução e liquidação, e ainda a...
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