Acórdão nº 087566 de Supremo Tribunal Administrativo (Portugal), 17 de Outubro de 1995 (caso None)
Magistrado Responsável | CESAR MARQUES |
Data da Resolução | 17 de Outubro de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A REIS ANOT 3ED VOLI PAG689.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART349 ART351. CPC67 ART3 N2 ART385 N1 ART421 ART423 N1 N2 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1990/11/15 IN BMJ N401 PAG503. AC STJ DE 1961/12/05 IN BMJ N112 PAG418. AC STJ DE 1977/01/20 IN BMJ N263 PAG214. AC STJ DE 1981/02/10 IN BMJ N304 PAG351.
Sumário : I - O n. 3 do artigo 423 é uma das excepções do disposto no artigo 3, n. 2, ambos do Código de Processo Civil, segundo o qual o possuidor ou detentor dos bens é ouvido sempre que a audiência não comprometa a finalidade da diligência. II - Tendo a requerente pedido, como preliminar do processo de inventário para partilha da herança de seu pai, o arrolamento das quantias existentes em todas as contas bancárias em nome da requerida, com quem ele fora casado em segundas núpcias, e em especial numa conta solidária em nome de ambos, solicitando urgência na diligência, o que já pressupõe perigo na audiência da requerida, e como esta já tinha levantado das contas ou dessa conta, sem justificação, a quantia de 14000000 escudos após a morte do marido, havendo perigo de que ela continuasse a levantar dinheiro das contas que tinha com ele em prejuízo da requerente, justifica-se a não audiência da requerida, ordenando-se a produção da prova e decretando-se o...
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