Mapa da partilha
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 188 |
Page 188
s.m. (lat. mappa).
s.c.: carta geográfica ou celeste; lista; quadro sinóptico.
s.f. (lat. particula).
s.c.: acto ou efeito de partilhar; repartição; quinhão.
Recebido o processo com o despacho sobre a forma da partilha, a secretaria, dentro de 10 dias, organiza o mapa da partilha, em harmonia com o mesmo despacho, de acordo com o preenchimento dos quinhões.
Para a formação do mapa acha-se, em primeiro lugar, a importância total do activo, somando-se os valores de cada espécie de bens conforme as avaliações e licitações efectuadas e deduzindo-se as dívidas, legados e encargos que devam ser abatidos; em seguida, determina-se o montante da quota de cada interessado e a parte que lhe cabe em cada espécie de bens; por fim, faz-se o preenchimento de cada quota com referência aos números das verbas da descrição.
Os lotes que devam ser sorteados são despachados por letras.
Os valores são indicados somente por algarismos. Os números das verbas da descrição serão indicados por algarismos e por extenso e, quando forem seguidos, apontam-se só os limites entre os quais fica compreendida a numeração. Se aos co-herdeiros couberem fracções de verbas, tem de mencionar-se a fracção.
Em cada lote deve sempre indicar-se a espécie de bens que o constituem.
Se a secretaria verificar, no acto da organização do mapa, que os bens doados, legados ou licitados excedem a quota do respectivo interessado ou a parte disponível do inventariado, lançará no processo uma informação, sob a forma de mapa, indicando o montante do excesso.
Organizado o mapa, o juiz, rubricando todas as folhas e confirmando a ressalva das...
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