Acórdão nº 087444 de Supremo Tribunal de Justiça (Portugal), 24 de Abril de 1996 (caso NULL)
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 24 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: REVOGADA A DECISÃO. ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: A REIS PROC ESP VOLII PAG387. C SOUSA LIÇ DIR SUCES 1993 VOLII 2ED PAG146. L CARDOSO PART JUD VOLII 4ED PAG340.
Área Temática: DIR CIV - DIR SUC. DIR PROC CIV - PROC INVENT / RECURSOS.
Legislação Nacional: CCIV66 ART2031. DL 227/94 DE 1994/09/08. DL 329-A/95 DE 1995/12/12. L 5/96 DE 1996/02/29. CPC67 ART500 ART661 N1 ART664 ART668 N1 D ART676 N1 ART678 N2 ART680 N1 ART684 N2 N3 N4 ART713 N2 ART716 N1 ART725 N1 ART771 D ART800 ART1352 N2 ART1373 N1 ART1374 ART1382 N1 N2 ART1384 N2 ART1385 ART1386 ART1387 ART1388 ART1389 ART1397 N1.
Sumário : I - Dado que foi dada a forma à partilha pela aqui Autora, colocando agora a questão de nova partilha, se esta acção procedesse no tocante à percentagem da quota disponível que pretende seja de 1/3 e não 1/5, como declarou, visto não se verificar a condição que colocou para essa redução, este pedido principal de nova partilha não é viável, pois não cabe nos casos previstos no artigo 1384, n. 2 do Código de Processo Civil...
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