Curador
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 85 |
Page 85
s.m. (lat. curatore).
s.c.: administrador de bens por encargo judicial.
Se o incapaz não tiver representante geral, deve requerer-se a nomeação dele ao tribunal competente, sem prejuízo da imediata designação de um curador provisório pelo juiz da causa, em caso de urgência.
Tanto no decurso do processo como na execução da sentença pode o curador provisório praticar os mesmos actos que competiriam ao representante geral, cessando as suas funções logo que o representante nomeado ocupe o lugar dele no processo.
Quando o incapaz deva ser representado por curador especial, a nomeação dele incumbe, igualmente, ao juiz da causa aplicando-se o disposto na primeira parte do número anterior.
Remissões:
arts. 10.º/1, 11.º/1, 12.º/3 ,14.º/1 e 23.º C.P.C..
arts. 1885.º/2 e 1921.º/2 C.C..
História:
O art. 11.º do actual C.P.C., subordinado à rubrica «Nomeação de representante», vem já, com o mesmo número, do Código de 1939. O n.º 2, foi introduzido em 1961. Ficou claro que o curador provisório tem poderes iguais aos do representante geral, tanto no decurso do processo, como na fase de execução ou cumprimento da sentença, até ser substituído pelo...
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