Acórdão nº 9321220 de Court of Appeal of Porto (Portugal), 18 de Abril de 1994
Magistrado Responsável | GUIMARÃES DIAS |
Data da Resolução | 18 de Abril de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC INVENT.
Legislação Nacional: CPC67 ART254 N3 ART255 ART1255 ART1329 ART1330 ART1338 N1 N2 ART1404 N3. CCIV66 ART7 N3. DL 242/85 DE 1985/09/07 ART1.
Jurisprudência Nacional: AC RC DE 1988/05/10 IN CJ T3 ANOXIII PAG67. AC RP DE 1988/05/05 IN CJ T3 ANOXIII PAG209.
Sumário: I - No processo de inventário o interessado residente no estrangeiro deve ser citado para os seus termos, de acordo com as disposições combinadas dos artigos 1329 e 244 do Código de Processo Civil. II - O artigo 255 do Código de Processo Civil, na redacção introduzida pelo artigo 1 do Decreto-Lei n. 242/85, de 9 de Julho, não revogou o artigo 1330, n. 2, daquele diploma, uma vez que a lei geral não revoga a lei especial, se não houver, nesse sentido, intervenção inequívoca do legislador. III - Por isso, uma vez citado para os termos do inventário, o interessado residente no...
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