Acórdão nº 9341207 de Court of Appeal of Porto (Portugal), 22 de Março de 1994
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 22 de Março de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: CITA VÁRIOS AUTORES ENTRE ELES CASTRO MENDES IN MANUAL DE PROCESSO CIVIL PAG294 RODRIGUES BASTOS IN NOTAS AO COD PROC CIV VOL1 PAG118.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART1404 ART1405 N2 ART2078 N1 ART2091 N1. CPC67 ART28 N1 N2.
Jurisprudência Nacional: AC RL DE 1971/01/22 IN BMJ N203 PAG213. AC RP DE 1977/06/01 IN CJ T4 ANOII PAG865. AC RC DE 1980/10/14 IN CJ T4 ANOV PAG35.
Sumário: I - O Autor de acção declarativa que alega ser, conjuntamente com outros, proprietário do subsolo de certo prédio por tal subsolo fazer parte da herança ilíquida e indivisa de sua mãe, tem legitimidade processual para, desacompanhado dos demais herdeiros, pedir que seja declarado como dono desse subsolo e que os Réus que violaram tal direito sejam...
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