Acórdão nº 9157/07-1 de Court of Appeal of Lisbon (Portugal), 02 de Novembro de 2007
Magistrado Responsável | FILOMENA LIMA |
Data da Resolução | 02 de Novembro de 2007 |
Emissor | Court of Appeal of Lisbon (Portugal) |
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No processo especial de inventário n.º 8342/05.2 TCLRS do 6º Juízo Cível do Tribunal de Loures foi proferido despacho aquando da conferência de interessados que, admitindo o recurso interposto por M., cabeça de casal, a fls. 806, lhe fixou regime de subida diferida e efeito meramente devolutivo, por ter sido interposto depois de convocada a conferência de interessados.
Reclama a cabeça de casal, alegando para tanto, em síntese, que : - O recurso deveria subir em separado, de imediato e com efeito suspensivo, nos termos dos art.ºs 1396º,n.º1 e 740º,n.º2 al. d) CPC.
- A retenção tornará o recurso inútil e advirá da retenção prejuízo à cabeça de casal e seu marido uma vez que, a ser-lhes dada razão após a divisão do activo da herança, dificilmente os herdeiros se disponibilizarão a pagar a dívida daqueles; - A decisão recorrida foi anterior à convocação da conferência de interessados.
Resulta dos autos que.
O despacho recorrido foi proferido em 23.04.2007 (fls. 780 e ss.) tendo decidido questões relativas à reclamação contra a relação de bens e designou dia para a conferência de interessados. Não se conhece a data da sua notificação às partes mas resulta do despacho reclamado que o foi por carta expedida em 30.04.2007.
O recurso foi interposto em 14.5.2007.
A conferência de interessados realizou-se em 6.6.2007, tendo aí sido admitido o recurso.
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Nos termos do art.º 1396º CPC, sendo o valor do inventário superior à alçada da Relação, os agravos interpostos até ao momento da convocação da conferência de interessados subirão nesse momento.
Afigura-se que só uma leitura literal do texto do preceito permite a retenção do recurso -...
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