Acórdão nº 8950578 de Court of Appeal of Porto (Portugal), 28 de Janeiro de 1992
| Magistrado Responsável | NORMAN DE MASCARENHAS |
| Data da Resolução | 28 de Janeiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC INVENT.
Legislação Nacional: CPC67 ART26 ART1326 N1 N2 ART1350 ART1395 N1. CCIV66 ART10 ART12 ART13 ART297 ART299 ART303 ART1674 ART1697 ART2132 ART2157. CCIV867 ART1096 ART1101 ART1125 ART1126 ART1127 ART1128 ART1129 ART1130. DL 47344 DE 1966/11/25 ART14.
Jurisprudência Nacional: AC STJ DE 1973/11/13 IN BMJ N231 PAG139. AC STJ DE 1984/04/10 IN BMJ N336 PAG433. AC RC DE 1980/02/05 IN CJ ANOV T1 PAG124. AC RL DE 1982/04/29 IN CJ ANOVII T2 PAG194. P PGR DE 1977/12/21 IN DR IIS 1978/03/30 PAG1804.
Sumário: I - A partilha adicional pressupõe partilha judicial anterior, homologada por sentença com trânsito em julgado, que tenha havido omissão de bens nessa partilha, e que subsistam os motivos que conduziram à instauração do inventário obrigatório ou facultativo ( Colectânea de Jurisprudência, VII, 2, 194 ). II - Ao processo de inventário aplicam-se as regras gerais sobre legitimidade ( artigos 26 e 1326 do Código de Processo Civil ). III - Por força do estatuído no...
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