Acórdão nº 9720762 de Court of Appeal of Porto (Portugal), 14 de Outubro de 1997 (caso NULL)
Magistrado Responsável | DURVAL MORAIS |
Data da Resolução | 14 de Outubro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART6 ART5 N2 ART26 ART1462 N1. CCIV66 ART342 N2 ART1380 ART1381 A ART1410.
Jurisprudência Nacional: AC RP DE 1989/02/16 IN BMJ N384 PAG568.
Sumário: I - Goza de personalidade judiciária, como também de personalidade jurídica, a herança cujos titulares estão determinados, embora se mantenha indivisa. II - Em acção de preferência intentada por uma herança indivisa, é precisamente a herança, representada pela cabeça de casal, a parte legítima para instaurar a acção. III - Para o efeito da caducidade da acção de preferência não é suficiente que o preferente tenha ouvido a mera notícia de que o proprietário vendeu...
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