Acórdão nº 9140700 de Court of Appeal of Porto (Portugal), 06 de Abril de 1992
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 06 de Abril de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: PROC ESP - PROC ESP / PROC EXEC.
Legislação Nacional: CPC67 ART14 ART194 A ART236 N5 ART813 A E. CCIV66 ART148 ART149 ART150 ART156 ART228 ART257 ART342 N1.
Jurisprudência Nacional: AC STJ DE 1968/10/04 IN BMJ N180 PAG301. AC STJ DE 1973/06/19 IN BMJ N228 PAG159. AC STJ DE 1975/01/14 IN BMJ N243 PAG200.
Sumário: I - Em processo de inventario, não se impõe a nomeação de curador a um interessado quando so depois de proferida a sentença homologatoria da partilha e que foi proposta acção de inabilitação contra esse interessado ou ainda quando o funcionario encarregado da citação deste para os termos do inventario não detectou no citando anomalia psiquica que o impedisse de a receber. II - A indicação, na acção de inabilitação, da data provavel do começo da incapacidade não constitui uma verdadeira presunção na acepção legal do termo, mas tem, ainda assim, valor de relevo como começo de prova, a completar com a demais carreada para o processo; constitui presunção de facto e não mera presunção legal. III - E que a valoração juridica dos actos anulandos, situados antes do anuncio da acção de inabilitação requer uma analise casuistica, atomistica, caso a caso, e não uma visão panoramica de toda uma situação em que os actos se inserem. IV - O acto a valorar, no inventario, e o...
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