Acórdão nº 070021 de Supremo Tribunal Administrativo (Portugal), 30 de Março de 1982 (caso None)
| Magistrado Responsável | CORTE REAL |
| Data da Resolução | 30 de Março de 1982 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART4 ART45 ART46 ART55 N1 ART56 N1 ART270 A ART271 ART287 A ART371 ART376 N1 ART467 ART801.
Sumário : I - O incidente da habilitação pressupõe a pendência da causa, vindo o habilitado, no caso o adquirente, a ocupar nela o lugar do transmitente. II - Por conseguinte, quer na fase declarativa quer na fase executiva, pressupõe sempre a pendência de uma acção - declarativa ou executiva. III - Estas acções são completamente distintas e com processos próprios, podendo o título executivo ser diferente da sentença. IV - A Instância extinguiu-se pelo julgamento e, por isso, quando foi requerido o incidente, por...
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