Acórdão nº 2645/07.9TBTVD.L1-8 de Court of Appeal of Lisbon (Portugal), 14 de Janeiro de 2010
Magistrado Responsável | RUI DA PONTE GOMES |
Data da Resolução | 14 de Janeiro de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: PROCEDENTE Sumário: 1.Quem administra bens alheios é obrigado a prestar contas, regulando a lei de forma particular, certas situações, o que ocorre nomeadamente com o «cabeça de casal».
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Neste caso a lei processual prevê um meio especial, que correrá por apenso aos autos onde ocorreu a nomeação, no caso, o inventário, respeitando ao período de tempo em que, após a nomeação nesse inventário, administrou os bens da herança, art.º 1019, do CPC.
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Por sua vez o cabeça de casal de facto, tendo em conta o lapso de tempo entre a abertura da herança e a instauração do processo de inventário, prestará as suas contas pelo processo geral dos art. 1014º e seguintes.
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Encontrando-se alegados factos que, uma vez provados, permitam a sua subsunção a um quadro normativo diverso daquele que foi apresentado ao Tribunal, nada impede que o tribunal proceda a tal enquadramento ao abrigo da sua...
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