Acórdão nº 9130647 de Court of Appeal of Porto (Portugal), 23 de Junho de 1992
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 23 de Junho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC INVENT.
Legislação Nacional: CCIV66 ART2086 N1 C. CPC67 ART154 ART155 ART456 ART459 ART1327 N4. EOAD84 ART78 N6.
Sumário: I - Não cumpre os deveres que a lei do processo lhe impõe, sendo passível de remoção, o cabeça de casal que não apresenta a relação de bens no acto das declarações, requer posteriormente por duas vezes sucessivas a concessão de novo prazo e depois se mantém processualmente inerte a partir da última prorrogação que lhe foi concedida, e até ao momento em que, mais de quatro meses após, foi deduzido o incidente de remoção. II - Age de má fé - configurando-se o dolo instrumental - o cabeça de casal que, com o propósito de retardar o andamento do inventário e pecando por falta de sinceridade e lisura na sua conduta processual, requer sucessivas prorrogações do prazo para apresentar a relação de bens com o alegado fundamento da dificuldade de obtenção de documentos e depois, na resposta ao pedido de remoção...
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