Acórdão nº 9210026 de Court of Appeal of Porto (Portugal), 14 de Julho de 1992
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 14 de Julho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR TRIB - APOIO JUD. DIR PROC CIV - PROC INVENT.
Legislação Nacional: L 7/70 DE 1970/06/09 BI N1 N3. CPC67 ART1378 N2 ART1382 N1.
Jurisprudência Nacional: AC RL DE 1984/03/09 IN CJ ANOIX T2 PAG97.
Sumário: I - A dispensa, total ou parcial de preparos e de prévio pagamento de custas e o patrocínio oficioso são benefícios diferentes, podendo o interessado requerer a concessão dos dois benefícios ou somente de um deles. II - Não tendo sido requerido o apoio judiciário pelo patrono nomeado a uma das partes, em qualquer das modalidades previstas, essa parte não goza desse benefício. III - A sentença homologatória de partilha destina-se, em derradeira análise, a tornar dividido o que era indiviso, a tornar certo o que era incerto, a tornar concreto o que existia em abstracto à data da abertura da sucessão. IV - Ao homologar a partilha constante do mapa elaborado em processo de inventário, a sentença há-de, necessariamente e em simultâneo, apreciar a conformidade daquele mapa com o processado anterior, quer no que concerne aos bens relacionados e...
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