Acórdão nº 9830100 de Supremo Tribunal Administrativo (Portugal), 12 de Fevereiro de 1998 (caso None)
| Magistrado Responsável | COELHO DA ROCHA |
| Data da Resolução | 12 de Fevereiro de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART840 ART1691 ART1695. CPC67 ART19 ART26 N1.
Sumário: I - Em acção proposta contra os cônjuges, a Ré mulher é parte legítima se, inequivocamente, é titular da relação jurídica material controvertida na configuração que lhe foi conferida pelo Autor. II - Ainda que o contrato promessa de compra e venda de imóvel tenha sido celebrado apenas pelo marido, a acção proposta para cobrança da importância não paga deve proceder quanto à mulher se esta teve conhecimento do contrato, deu o consentimento para a sua celebração e do mesmo resultou proveito para o casal. III - É válido o contrato promessa de alienação de imóvel outorgado apenas por um dos cônjuges, independentemente de, para a alienação, ser necessário ou não o consentimento do...
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