Acórdão nº 082443 de Supremo Tribunal de Justiça (Portugal), 09 de Junho de 1992
| Magistrado Responsável | SANTOS MONTEIRO |
| Data da Resolução | 09 de Junho de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART1682 N1 A. CPC67 ART17 ART18 ART19 ART23 ART24 ART83 ART84. DL 47690 DE 1967/05/11. DL 368/77 DE 1977/09/03. CONST89 ART36 N2.
Sumário : I - Apesar da sua inserção na secção de "personalidade e capacidade judiciária", os artigos 17 e 19 do Código de Processo Civil versam sobre a legitimidade dos cônjuges para proporem acções para nelas serem demandados. II - Se apenas um dos cônjuges foi demandado, quando a acção devia ter sido proposta contra ambos, nos termos daquele artigo 19, há ilegitimidade do réu por se tratar de um litisconsórcio necessário passivo. III - Os artigos 23 e 24 do Código de Processo Civil tratam do requerimento da ilegitimidade dos cônjuges na acção devendo o juiz...
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