Acórdão nº0006216-70.2013.8.17.0810 de 5ª Câmara Cível, 10-05-2023
| Data de Julgamento | 10 Maio 2023 |
| Assunto | Defeito, nulidade ou anulação |
| Classe processual | Apelação Cível |
| Número do processo | 0006216-70.2013.8.17.0810 |
| Órgão | 5ª Câmara Cível |
| Tipo de documento | Acórdão |
EMENTA: APELAÇÃO CÍVEL - AÇÃO DE ANULAÇÃO DE NEGÓCIO JURÍDICO - TRANSAÇÃO REALIZADA ATRAVÉS DE SUBSTABELECIMENTO DE MANDATO REVOGADO - ILEGITIMIDADE PASSIVA DA PERPART - DANOS DA EVICÇÃO DE RESPONSABILIDADE DO ALIENANTE - SENTENÇA MANTIDA - RECURSO QUE SE NEGA PROVIMENTO À UNANIMIDADE. 1. A PERPART não possui legitimidade para figurar no polo passivo da demanda, posto que não participou da transação questionada nos autos. 2. A responsabilidade pelos riscos da evicção é exclusiva do alienante, conforme dispõe o art. 447 do Código Civil. 3. Tramitando o feito sob o procedimento comum, o pedido de indenização pela evicção formulado na contestação não poderia ser conhecido, pois não foi realizado através do meio processual adequado, que seria a reconvenção 4.
Sentença mantida.
Recurso que se nega provimento à unanimidade.
ACÓRDÃO Vistos, relatados, discutidos e votados os autos em epígrafe, Acordam os Desembargadores integrante da Quinta Câmara Cível do Tribunal de Justiça do Estado de Pernambuco, à unanimidade de votos, em negar provimento ao presente recurso, tudo nos termos do voto do...
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