Acórdão nº 9850618 de Supremo Tribunal Administrativo (Portugal), 21 de Setembro de 1998 (caso None)
Magistrado Responsável | BRAZÃO DE CARVALHO |
Data da Resolução | 21 de Setembro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC INVENT.
Legislação Nacional: CPC67 ART1052 N1 ART1372 N1 ART1377 N2 N3 ART1378 N1.
Jurisprudência Nacional: AC STJ DE 1985/05/09 IN BMJ N347 PAG336. AC RE DE 1986/04/10 IN BMJ N358 PAG625.
Sumário: I - Se Autora, mãe de menores, licitou, em conjunto determinados bens da herança a favor e, em representação de seus filhos, não pode obter no inventário, através de simples requerimento, que sejam atribuídos a cada um deles bens certos e determinados pondo fim à compropriedade. II - Do exercício do direito de escolha por parte do licitante em mais bens do que aqueles que compõem o seu quinhão não pode resultar, para o não licitante, a adjudicação de verbas cujo valor ultrapasse o limite do seu quinhão. III - Na falta de acordo, o preenchimento do quinhão do credor de tornas não pode ser efectuado mediante a atribuição, em comum com o...
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