Acórdão nº 9240505 de Court of Appeal of Porto (Portugal), 11 de Fevereiro de 1993
Magistrado Responsável | GUIMARÃES DIAS |
Data da Resolução | 11 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART519 N1 N2 ART952. CCIV66 ART138.
Sumário: I - Decorre dos nºs 1 e 2 do artigo 519, do Código de Processo Civil, que todas as pessoas, partes ou não, têm o dever de colaborar em juízo quando o tribunal, por sua própria iniciativa ou a requerimento de qualquer das partes, o julgue necessário. II - De harmonia com o artigo 952, do Código de Processo Civil, se o parecer do conselho de família e os resultados do interrogatório e do exame forem concordantes e fornecerem prova cabal da incapacidade ou capacidade do arguido, o juiz, conforme os casos, decretará a interdição ou inabilitação, ou indeferirá o pedido. III - Em todo o caso, o juiz não pode limitar-se a apreciar as conclusões obtidas...
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