Acórdão nº 97A443 de Supremo Tribunal de Justiça (Portugal), 23 de Setembro de 1997 (caso NULL)
| Magistrado Responsável | FERNANDO FABIÃO |
| Data da Resolução | 23 de Setembro de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: CAPELO SOUSA IN LIÇOES DE DIR DAS SUC VOL I PÁG245 PÁG290 E 292. O ASCENSÃO IN DIR CIV SUCESSÕES PÁG150.
Área Temática: DIR PROC CIV - PROC INVENT. DIR CIV - TEORIA GERAL / DIR SUC.
Legislação Nacional: CPC67 ART684 N3. CCIV66 ART67 ART2034 N1 N2 ART2229 ART2236 N2 ART2237 N1 ART2291 N1 ART2317 A.
Jurisprudência Nacional: AC STJ DE 1974/07/23 IN BMJ N239 PAG224.
Sumário : I - A indignidade sucessória opera automaticamente, independentemente de declaração judicial, salvo quando o indigno tiver entrado na posse dos bens da herança. II - De harmonia com o diposto nos artigos 2034, n. 1 e 67 do Código Civil, o efeito da incapacidade sucessória é o de tornar inexistente a eventual vocação sucessória do indigno. III - A expressão "não poder...
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