Acórdão nº 1775/05.6YXLSB-E.L1-1 de Court of Appeal of Lisbon (Portugal), 10 de Dezembro de 2009
Magistrado Responsável | ROSÁRIO GONÇALVES |
Data da Resolução | 10 de Dezembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: AGRAVO Decisão: PROVIDO Sumário: 1- O art. 2086º do C. Civil não é uma norma taxativa, exemplificando a lei os casos em que a pena de remoção pode ser imposta e na apreciação e na interpretação dos fundamentos legais, ainda fica margem para um grande arbítrio do julgador.
2- A obrigação de prestação de contas deriva da administração da herança, como garantia de que essa administração será exercida com diligência, competência e honestidade e que o administrador se não afastará das regras que a prudência indica e a probidade impõem.
3- A prestação de contas será reveladora da capacidade e da competência do...
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