Acórdão nº 0009902 de Supremo Tribunal Administrativo (Portugal), 07 de Março de 1991 (caso None)
| Magistrado Responsável | SOUSA DINIS |
| Data da Resolução | 07 de Março de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: HENRIQUE MESQUITA A PROPRIEDADE HORIZONTAL NO CCIVIL PORTUGUÊS IN SEPARATA DO RDES ANOXXIII JAN-DEZ PAG55.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART5 N2 ART9 N1. CCIV66 ART1421 N1 ART1425 N1 ART1437.
Sumário: I - A assembleia de condóminos não tem capacidade judiciária, pelo que terá de assegurar a sua representação em juízo mandatando o administrador, excepto nas acções relativas a questões de propriedade ou de posse dos bens comuns, salvo se a assembleia atribuir para o efeito poderes especiais ao administrador; II - O condomínio só pode estar em juízo representado pelo administrador eleito ou por pessoa designada pela assembleia de condóminos; III - Toda a doutrina está de acordo em que são imperativamente comuns as partes do prédio taxativamente indicadas no n. 1 do artigo 1421 do Código Civil; IV - É nula a escritura de propriedade horizontal na parte em que contrarie o referido em III, a menos que...
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