Acórdão nº 067319 de Supremo Tribunal de Justiça (Portugal), 01 de Junho de 1978
Magistrado Responsável | DANIEL FERREIRA |
Data da Resolução | 01 de Junho de 1978 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1613 ART1675 ART2009 N1 A ART2013 N1 A ART2015 ART2018 N1 N2 ART2025. CPC67 ART276 N1 A N3 ART287 A ART371. CCIV867 ART176 ART281 N1 ART1673.
Sumário : I - Falecido o réu na pendência da acção de alimentos, não há lugar ao incidente da habilitação, regulado nos artigos 371 e seguintes do Código de Processo Civil, por falta de sucessores, uma vez que a relação jurídica controvertida, sendo de natureza pessoal, se extinguiu com a morte de um dos seus titulares. II - O eventual direito de apanágio do autor na mesma acção, previsto no artigo 2018 do Código...
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