Acórdão nº 075146 de Supremo Tribunal de Justiça (Portugal), 12 de Janeiro de 1988
Magistrado Responsável | JOSE DOMINGUES |
Data da Resolução | 12 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART157 ART184 ART220 ART286 ART289 N1 ART364 ART1143. CNOT67 ART89 N. CPC67 ART26 N1 N2 N3 ART193 N2 A ART288 N1 D ART489 N2 ART493 N2 ART494 N1 F ART495 ART497 ART498 N4 ART510 N1 A ART661 ART684 N4.
Jurisprudência Nacional: AC STJ DE 1980/02/12 IN BMJ N294 PAG212. AC STJ DE 1973/10/30 IN BMJ N230 PAG163. AC STJ DE 1975/10/28 IN BMJ N250 PAG159. AC STJ DE 1977/12/15 IN BMJ N272 PAG196.
Sumário : I - São as conclusões da alegação do recorrente que delimitam o objecto do recurso - artigo 684 do Codigo de Processo Civil - aqui ilegitimidade dos Reus pessoas fisicas e restituição do prestado por nulidade dos contratos de mutuo. II - Ilegitimidade das partes e uma excepção dilatoria de que o tribunal pode conhecer oficiosamente, em principio no saneador e a sua arguição pode ser feita pelo Reu depois da contestação, como o permite a parte final do n. 2 do artigo 489 do Codigo de Processo Civil. III - Os Reus pessoas fisicas são partes legitimas, pois ao intervirem no protocolo em causa, não intervieram em nome e representação do Reu associação desportiva, mas pessoalmente, visto aquela ja se ter responsabilizado pelos seus orgãos representativos e as qualidades que os Reus invocaram nos cargos sociais, foi uma mera identificação deles, pois nesse protocolo se diz que esses Reus se obrigam solidariamente a indemnizar o Autor pelo pagamento efectuado e pelas despesas que venha a fazer...
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