Herança
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 134-135 |
Page 134
s.f. (lat. hereditare).
s.c.: aquilo que se herda ou deve herdar; sucessão de bens; legado.
Quando se verifique a situação de insolvência da herança, seguir-se-ão, a requerimento de algum credor ou por deliberação de todos os interessados, os termos do processo de falência que se mostrem adequados, aproveitando-se, sempre que possível, o processado.
A herança jacente, a que ainda não encontrou titular, tem personalidade judiciária, que lhe é conferida pela al. a), do art. 6.º do C.P.C..
No requerimento em que se peça a notificação do herdeiro para aceitar ou repudiar a herança, o requerente justificará a qualidade que atribui ao requerido e, se não for o M.P., fundamentará também o seu interesse.
A notificação efectua-se segundo o formalismo prescrito para a citação pessoal, devendo o despacho que a ordenar marcar o prazo para a declaração.
Decorrido o prazo marcado sem apresentação do documento de repúdio, julgar-se-á aceita a herança, condenando-se o aceitante nas custas; no caso de repúdio, as custas serão adiantadas pelo requerente, para virem a ser pagas pela herança.
Se o primeiro notificado repudiar a herança, a notificação sucessiva dos herdeiros imediatos, até não haver quem prefira ao Estado, será feita no mesmo processo. A aceitação da herança por parte dos credores do repudiante faz-se na acção em que, pelos meiosPage 135 próprios, os aceitantes deduzam o pedido dos seus créditos contra o repudiante e contra aqueles para quem os bens passaram por virtude do repúdio.
Obtida sentença favorável, os credores podem executá-la contra a herança.
A herança é...
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