Acórdão nº 9110463 de Court of Appeal of Porto (Portugal), 05 de Maio de 1992
| Magistrado Responsável | METELLO DE NAPOLES |
| Data da Resolução | 05 de Maio de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR SUC. DIR PROC CIV.
Legislação Nacional: CPC67 ART1322 ART1361 ART1323 ART371 N1 ART372 N1 ART228 N1 ART201 N1 ART205 N1. CCIV66 ART2053 N2 ART2071 N1 N2 ART2024 ART2025.
Sumário: I - Tendo uma herança sido objecto de inventário os herdeiros só respondem pelas dívidas do autor da mesma pelas forças da mesma, não lhes cabendo a prova da inexistência de bens para cumprimento dos encargos. II - O facto de a herança ser deficitária não exclui a vocação e devolução sucessórias, pelo que o credor, mesmo que esteja reconhecida a insolvência da herança, pode accionar os herdeiros desta aceite a benefício de inventário, embora a responsabilidade destes seja limitada nas condições referidas em I., salvo se o autor provar a existência de outros bens...
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