Acórdão nº 0123518 de Court of Appeal of Porto (Portugal), 19 de Abril de 1990
| Magistrado Responsável | SAMPAIO DA NOVOA |
| Data da Resolução | 19 de Abril de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: PROVIDO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR CIV - DIR SUC.
Legislação Nacional: CCIV66 ART2075 N1 ART2076 N1 N2. CPC67 ART28 N1.
Sumário: I - Em acção de petição da herança, se o bem em causa tiver chegado às mãos do réu, seu actual possuidor, sem ser através de qualquer acto voluntário de quem anteriormente o possuía na qualidade, ou não, de titular de herença, a acção deve ser proposta pelo herdeiro ou herdeiros apenas contra o referido réu, nos termos do n. 1 do artigo 2075 do Código Civil; II - Mas se o réu, actual possuidor, recebeu o bem em consequência de alienação efectuada pelo anterior possuidor do mesmo...
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