Acórdão nº 0041752 de Supremo Tribunal Administrativo (Portugal), 04 de Julho de 1991 (caso None)
| Magistrado Responsável | EDUARDO BAPTISTA |
| Data da Resolução | 04 de Julho de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: ALBERTO DOS REIS IN CPCIVIL ANOT V1 PAG514.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART2091 N1. CPC67 ART3 N1 ART6 ART26 ART28 N1 ART30 ART264 N1 ART351 A B ART358 N3 ART467 ART486 ART510 ART511 ART674 ART677.
Sumário: I - A herança indivisa só tem personalidade judiciária, nos termos do art. 6 do CPC, enquanto os herdeiros não estiverem determinados e independentemente de a partilha estar ultimada; II - Sendo a acção indevidamente proposta contra duas rés e a herança indivisa, não é admissível a intervenção principal provocada dos outros herdeiros para regularizar a legitimidade...
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