Acórdão nº 084069 de Supremo Tribunal de Justiça (Portugal), 17 de Março de 1994 (caso NULL)
Data | 17 Março 1994 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART253 N1 ART371 N1 ART372 ART373 N1 ART374 N2 ART456 N2 ART467 N1 A. CNOT67 ART92 ART96.
JurisprudÍncia Nacional: AC STJ DE 1975/06/27 IN BMJ N248 PAG390.
Sum·rio : I - No incidente de habilitaÁ„o de sucessores de parte falecida, a falta de indentificaÁ„o de algum requerido, no pre‚mbulo (ou intrÛito) do requerimento inicial, identificaÁ„o que todavia veio a ser feita a final do dito requerimento, constitui mera irregularidade insusceptÌvel de comprometer o Íxito do incidente, e n„o excepÁ„o dilatÛria. II - O artigo 371 n. 1 do CÛdigo de Processo Civil permite a habilitaÁ„o quando a qualidade de herdeiro da parte falecida j· estiver reconhecida em habilitaÁ„o notarial. III - Quem for requerido no incidente na qualidade...
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