Acórdão nº 086655 de Supremo Tribunal de Justiça (Portugal), 23 de Fevereiro de 1995 (caso NULL)
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 23 de Fevereiro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A REIS IN CPC ANOTADO VOLV PAG54. LOPES CARDOSO IN PARTILHAS JUDICIAIS VOLIII PAG14 PAG20 PAG21 PAG27.
Área Temática: DIR CIV - DIR SUC / DIR OBG. DIR PROC CIV - RECURSOS / PROC INVENT.
Legislação Nacional: CPC67 ART660 N2 ART668 N1 D ART712 N2 ART722 N2 ART729 N2 ART1340. CCIV66 ART666 N1 ART730 A ART2068 ART2086 N1 A - D ART2091 N1 ART2092 ART2093 N1 ART2099.
Sumário : I - É o artigo 2086, n. 1 do Código Civil que enuncia os casos (situações) em que o cabeça de casal "pode" ser removido, enunciação esta que não é tida por taxativa, sendo certo que nos casos a abranger deverá ter-se em conta que, por um lado, a situação em que normalmente se coloca aquele que prevaricou e foi removido é de molde a impressionar o julgador e diminuir, consequentemente, o prestígio e bom nome de quem até desempenhava o respectivo cargo e, por outro lado, o prejuízo causado à herança ou a potencialidade desse prejuízo são factores primaciais a atender na aplicação da respectiva pena. II - O termo "Pode" que se lê na lei, revela...
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