Acórdão nº 078783 de Supremo Tribunal de Justiça (Portugal), 25 de Outubro de 1990
| Data | 25 Outubro 1990 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART26 N3.
Jurisprudência Nacional: AC STJ DE 1981/07/16 IN BMJ N309 PAG280.
Sumário : I - Conjugando os tres numeros do artigo 26 do Codigo de Processo Civil, poder-se-a afirmar que sera parte legitima, como autor, aquele que tiver interesse directo na procedencia da acção e, por sua vez, tera legitimidade, como reu, quem for portador de um interesse directo na sua improcedencia. II - Em regra, existira tal interesse, por parte do autor, quando este for o sujeito activo da relação material controvertida, e por parte do reu, quando o mesmo for o sujeito passivo da relação. III - Por consequencia, são partes legitimas os titulares da relação material controvertida, na pressuposição...
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