Acórdão nº 0005111 de Court of Appeal of Lisbon (Portugal), 18 de Fevereiro de 1997
Magistrado Responsável | GUILHERME IGREJA |
Data da Resolução | 18 de Fevereiro de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR SUC.
Legislação Nacional: DL 322/90 DE 1990/10/18 ART1 N1 ART3 N1 ART8. CCIV66 ART2009 N1 A D ART2020 N1. CPC67 ART28 N1 ART474 N1 B. DRGU 1/94 DE 1994/01/18 ART3 ART5.
Sumário: I - Infere-se das disposições conjugadas dos artigos 8, do DL n. 322/90 de 18/10, e 2020 n. 1 do Código Civil que: a) não é o tribunal quem decide atribuir as referidas prestações, mas, antes, a instituição de segurança social, limitando-se o tribunal a proferir sentença que reconheça ao interessado o direito a alimentos da herança do falecido em acção condenatória contra esta intentada ou, se negado esse direito a alimentos, com base apenas na...
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