Acórdão nº 9430437 de Court of Appeal of Porto (Portugal), 12 de Julho de 1994
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 12 de Julho de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR TRIB - APOIO JUD.
Legislação Nacional: DL 387-B/87 DE 1987/12/29 ART23 ART20 B C ART5. CONST82 ART20.
Sumário: I - Proposta acção contra a herança ilíquida e indivisa para que se declarasse nulo por falta de forma o contrato de mútuo do valor de 2500000 escudos celebrado entre o demandante e o autor dessa herança e não estando provada a aceitação desta pelo cônjuge sobrevivo do "de cujus" e pelo descendente de ambos, não é aplicável ao caso o artigo 2091, n. 1 do Código Civil. II - Tendo a viúva e a filha do autor dessa herança sido consideradas na petição inicial representantes dela e assumido no processo a posição de rés, apresentando contestação "por si e em representação da herança ilíquida e indivisa", deve aceitar-se como requerimento deste do apoio judiciário o pedido feito pelas "rés" quanto a este benefício. III - A filosofia inspiradora do direito de acesso aos tribunais, proclamado no artigo 20, n. 2 da Constituição da República e do...
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