Acórdão nº 98A730 de Supremo Tribunal de Justiça (Portugal), 13 de Outubro de 1998
Magistrado Responsável | PINTO MONTEIRO |
Data da Resolução | 13 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART28 ART202 ART204 N2 ART288 N1 D ART493 N2 ART494 E ART495. CCIV66 ART1403. DL 16/79/M DE 1979/09/14 ART9 NA REDACÇÃO DO DRGU 7/80/M DE 1980/08/20. CEXP76 ART47. CEXP91 ART9 N1 N2 N3 ART40.
Jurisprudência Nacional: AC RE DE 1976/12/02 IN CJ ANO1976 TIII PAG740. AC RC DE 1984/06/14 IN CJ ANO1984 TIII PAG154.
Sumário : I - É aplicável ao processo de remição de colonia o processo de expropriação por utilidade pública urgente regulado no Código das Expropriações, "com as necessárias adaptações" e algumas modificações, nos termos do disposto no artigo 9 do Decreto-Lei 16/79/M, de 14 de Setembro, com a redacção do Dec.-Reg n. 7/80/M, de 20 de Agosto. II - A falta de intervenção de algum dos interessados é motivo de ilegitimidade, nos termos do artigo 28 do Código de Processo Civil. III - A consequência dessa ilegitimidade não é, porém, a absolvição da instância, mas a possibilidade de o interessado não convocado intervir no processo a qualquer momento, embora...
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