Acórdão nº 071259 de Supremo Tribunal de Justiça (Portugal), 21 de Julho de 1983
Magistrado Responsável | DIAS GARCIA |
Data da Resolução | 21 de Julho de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: LOPES CARDOSO IN MANUAL DOS INCIDENTES DA INSTANCIA PAG302. ANSELMO DE CASTRO IN LIÇÕES DE PROCESSO CIVIL V2 PAG772.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART264 ART265 ART270 ART283 N1 ART371 N2 ART474 N1 B ART663 ART477 N1. CPC39 ART266.
Jurisprudência Nacional: AC STJ DE 1968/10/11 IN RT ANO86 PAG355. AC STJ DE 1980/02/28 IN BMJ N294 PAG379.
Sumário : I - O sucessor da parte falecida tem legitimidade, não so para deduzir a sua propria habilitação, mas tambem para deduzir, conjuntamente, a habilitação dos representantes da outra parte que faleceu antes dele estar habilitado. II - Tendo sido requerido pelos sucessores do reu tão so a habilitação dos sucessores do autor no convencimento de que careciam de assegurar a posição de parte, e acontecendo ter sido suspensa a instancia apenas com fundamento na morte do autor, quando o devia ter sido não so por esse motivo, mas, ainda devido ao falecimento do reu, nada aconselha o indeferimento "in limine" da petição...
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