Acórdão nº 9720462 de Court of Appeal of Porto (Portugal), 13 de Maio de 1997
| Data | 13 Maio 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART1819 N1 ART1822 N1 ART1823 N1 ART1817.
Jurisprudência Nacional: AC RE DE 1994/10/13 IN CJ T4 ANOXIX PAG275.
Sumário: I - A acção de investigação de maternidade, no caso de falecimento da pretensa mãe, deve ser intentada contra o cônjuge sobrevivo que não estivesse separado judicialmente de pessoas e bens, e ainda contra os descendentes reconhecidos da pretensa mãe; na falta de descendentes serão chamados os ascendentes; na falta destes a acção dirigir-se-á contra os irmãos. Se não tiver sobrevivo cônjuge, nem existir algum dos parentes dos grupos mencionados, a acção deverá dirigir-se contra um curador especialmente nomeado para se opôr à pretensão do investigante. II - Ainda a acção será dirigida contra o marido da...
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