Acórdão nº 9550771 de Court of Appeal of Porto (Portugal), 15 de Janeiro de 1996
| Magistrado Responsável | ALVES CORREIA |
| Data da Resolução | 15 de Janeiro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART23 N1 ART26. CCIV66 ART310 ART312 ART313 ART314 ART315.
Sumário: I - O vício da irregularidade de representação ocorre quando um incapaz ou pessoa colectiva não está representado no processo pela pessoa a quem compete a representação, mas por outra, o que não sucede quando alguém, maior e capaz, está representado por um progenitor, visto em tal caso não caber o remédio da intervenção de qualquer representante legal. II - A prestação de alimentos para menores é devida ao cônjuge progenitor ou terceiro que deles tem a guarda, pelo que é este - e não os menores - que tem legitimidade activa para reclamar as respectivas prestações em dívida. III - No direito francês as prestações compensatórias impostas a um ex-cônjuge a favor do outro não têm a natureza...
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