Acórdão nº 9450416 de Court of Appeal of Porto (Portugal), 20 de Setembro de 1994
| Magistrado Responsável | RAPAZOTE FERNANDES |
| Data da Resolução | 20 de Setembro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA QUARTA SECÇÃO.
Área Temática: DIR PROC CIV - PROC INVENT. DIR CIV.
Legislação Nacional: CPC67 ART158 N1 ART668 N1 B ART676 N2 ART771 F ART1327 ART1388 N1. CCIV66 ART253.
Jurisprudência Nacional: AC RL DE 1968/06/21 IN JR N14 PAG598. AC STJ DE 1974/05/14 IN BMJ N237 PAG132. AC STJ DE 1975/04/08 IN BMJ N246 PAG131.
Sumário: I - A anulação da partilha efectuada em processo de inventário só pode ocorrer se houver preterição ou falta de intervenção de algum co-herdeiro e se mostre que os outros interessados agiram com dolo ou má fé. II - Se o cabeça de casal referiu como herdeiro determinada pessoa residente no estrangeiro, tendo para aí sido remetida carta registada com aviso de recepção para citação, a qual foi devolvida sem assinatura no lugar reservado à aposição da do destinatário, não pode concluir-se pela existência...
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