Acórdão nº 082713 de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 1992
| Magistrado Responsável | JOAQUIM DE CARVALHO |
| Data da Resolução | 15 de Dezembro de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR COM - TIT CRÉDITO. DIR PROC CIV.
Legislação Nacional: CCIV66 ART303 ART333 N2 ART334. CPC67 ART26 ART676 N1 ART684 N2.
Sumário : I - A legitimidade é independente da responsabilidade ou não responsabilidade do devedor, sendo os recorrentes apresentados como sujeitos de um negócio ou declaração negocial em que se apoia a demanda, pelo que nos termos do artigo 26 do Código de Processo Civil são partes legítimas. II - Estando-se em processo declarativo, a discussão e aplicação do benefício da excussão não pode nele ter lugar - artigos 638 e seguintes do Código de Processo Civil. III - As excepções peremptórias dos artigos 53, 70 e 77 da L.U.L.L. - prescrição e caducidade - não podem ser conhecidas...
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