Acórdão nº 076019 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1988
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 26 de Abril de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA ANOT PAG257. V SERRA BMJ N137.
Área Temática: DIR PROC CIV - PROC INVENT.
Legislação Nacional: CCIV66 ART392 ART394. CPC67 ART632 ART1386 N1 ART1387 N1.
Jurisprudência Nacional: AC STJ DE 1972/12/13 IN BMJ N222 PAG463.
Sumário : I - A lei (artigos 1386 n. 1 e 1387 n. 1 do Codigo de Processo Civil), ao permitir, como desvio ao principio geral da força e autoridade do caso julgado, a emenda da partilha em processo de inventario, mesmo apos o transito em julgado da sentença homologatoria, exige determinados requisitos, entre eles o de que o conhecimento do erro invocado seja posterior a data da sentença homologatoria e que ocorra dentro do ano anterior a propositura da acção. II - Decidido no mesmo processo por decisões ja transitadas que o erro invocado, fundamento da requerida emenda a partilha, se mostra relevante, sem necessidade de se arguir a falsidade da acta, não pode tal questão ser levantada posteriormente, no...
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