Acórdão nº 9250194 de Court of Appeal of Porto (Portugal), 26 de Novembro de 1992
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 26 de Novembro 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 ART1329 N4 ART1330 N2 ART1352 N2 ART1353 N1 ART1370 N1.
Jurisprudência Nacional: AC STJ DE 1976/10/26 IN BMJ N260 PAG113. AC STJ DE 1983/11/03 IN BMJ N331 PAG442.
Sumário: I - O processo de inventário é essencialmente uma medida de protecção que se destina a evitar prejuízos e a distribuir fiel e equitativamente todo o património de uma herança, e assim o que nela interessa sobretudo apurar é toda a verdade para que a partilha seja efectuada com igualdade e justiça. II - Porque assim é, o juiz pode (deve) conduzir o processo de inventário de modo a que a partilha venha a fazer-se em igualdade, sem benefício de um interessado em detrimento de outros. III - No processo de inventário, dada a sua feição "sui generis", o juiz tem uma larga iniciativa, uma ampla actuação, importando mais julgar bem do que julgar com formalismo e condição. IV - A...
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