Acórdão nº 9320229 de Court of Appeal of Porto (Portugal), 18 de Janeiro de 1994
| Magistrado Responsável | NORMAN DE MASCARENHAS |
| Data da Resolução | 18 de Janeiro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1412 ART1413. CPC67 ART1052 N1 ART1326 N1 ART1059 ART1060 N2.
Jurisprudência Nacional: AC STJ DE 1987/12/10 IN BMJ N372 PAG403. AC STJ DE 1972/01/14 IN BMJ N213. AC RL DE 1973/03/01 IN BMJ N235/346. AC STJ DE 1982/03/23 IN BMJ N315 PAG275.
Sumário: I - A comunhão hereditária não se confunde com a compropriedade, uma vez que os herdeiros não são simultâneamente titulares de propriedade sobre a mesma coisa e quando esta recaia sobre uma quota indivisa de um prédio a sua titularidade não é dos herdeiros mas da herança. II - A partilha é um acto destinado a fazer cessar a indivisão de um património. Não se...
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