Acórdão nº 077003 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1991
Magistrado Responsável | ALBUQUERQUE DE SOUSA |
Data da Resolução | 17 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART26 N1 N2 ART27 N1 N2 ART30 ART268 ART270 A B ART320 ART321 - ART350 ART351 A B ART352 - ART359 ART481 B. CCIV66 ART1037 N2. CCOM888 ART108.
Sumário : I - A lei processual permite que a instancia se modifique quanto as pessoas, em consequencia da substituição de alguma das partes (por sucessão ou acto entre vivos) na relação substantiva em litigio, ou em virtude dos incidentes de intervenção de terceiros, entre os quais figura o da intervenção principal. II - Segundo as regras contidas na alinea a) do artigo 351 do Codigo de Processo Civil, pode intervir na causa, como parte principal, aquele que em relação aos objectos dela tiver um interesse igual ao dos outros (ou do reu), nos termos do artigo 27 do mesmo Codigo. III - Quem intervem como parte principal, faz valer um direito proprio e directo, paralelo ao do outro ou do reu, conforme os casos (artigos 351 a) e 352 do Codigo de Processo Civil). IV - Celebrado um contrato de...
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