Ausência
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 40-41 |
Page 40
s.f. (lat. absentia).
s.c.: falta de comparência; apartamento; retiro.
Quem pretender a curadoria definitiva dos bens do ausente deduzirá os factos que caracterizam a ausência e lhe conferem a qualidade de interessado e requererá que sejam citados o detentor dos bens, o curador provisório, o administrador ou procurador, o M.P., se não for o requerente e quaisquer interessados certos e, por éditos, o ausente e os interessados incertos.
O ausente é citado por éditos de seis meses; o processo segue, entretanto, os seus termos, mas a sentença não será proferida sem findar o prazo dos éditos.
O processo de justificação da ausência é dependência do processo de curadoria provisória, se esta tiver sido deferida.
Este processo é também aplicável ao caso de os interessados pretenderem obter a declaração da morte presumida do ausente e a sucessão nos bens ou a entrega deles, sem prévia instituição da curadoria definitiva.
Remissões:
arts. 1103.º a 1114.º C.P.C..
Jurisprudência:
Ac. Rel. Évora, de 11/12/87, in B.M.J. 372.º-489.
Ac. Rel. Lisboa, de 26/1/89, in B.M.J. 383.º-599.
História:
Pelo Código de 1939, o requerente, ao mesmo tempo que justificava a ausência, requeria a curadoria a seu favor. Os interessados citados podiam, na contestação, ou impugnar a ausência ou impugnar o direito do requerente a essa curadoria, pedindo-o para si...
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PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- A
- Abalroaçao
- Abertura
- Abono
- Abreviatura
- Absolvição
- Acareacão
- Acção
- Aclaração
- Acórdão
- Acordo
- Acta
- Acto
- Adiamento
- Adjudicação
- Administrador
- Admissão
- Adquirente
- Advogado
- Agéncia
- Agente
- Agravo
- Alçada
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- Alimentos
- Anulação
- Anúncio
- Apelação
- Apensação
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- Arresto
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- Articulado
- Assembleia
- Assinatura
- Assistência
- Associação
- Audiência contraditória
- Audiência de discussão e julgamento
- Audiência preliminar
- Ausência
- Ausente
- Auto
- Autodefesa
- Autor
- Autorização
- Autuação
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