Acórdão nº 083526 de Supremo Tribunal de Justiça (Portugal), 24 de Junho de 1993
| Magistrado Responsável | FERREIRA DA SILVA |
| Data da Resolução | 24 de Junho de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC INVENT.
Legislação Nacional: CPC67 ART459 ART1378 N2 ART1390. DL 84/84 DE 1984/03/16 ART76 ART187.
Sumário : I - Nada impõe ao julgador ordenar a notificação do cabeça de casal para proceder à junção da certidão de óbito do de cujus, em ordenar a proceder-se à habilitação de herdeiros. II - Na verdade o artigo 1390 do Código de Processo Civil não o exige, e tem-se entendido que essa junção pode ser da iniciativa de qualquer interessado, ou do Ministério Público, ou do próprio julgador. III - Tendo a Relação considerado provado que existiu manifesto propósito do mandatário de protelar o andamento da causa e confundir o tribunal, designadamente usando argumentos falsos - a invocação de assistência judiciária inexistente - e invocando...
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