Acórdão nº 9620690 de Court of Appeal of Porto (Portugal), 01 de Outubro de 1996
Magistrado Responsável | PELAYO GONÇALVES |
Data da Resolução | 01 de Outubro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - TEORIA GERAL / DIR SUC / DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART143 ART1251 ART1440 ART2101 N2. CCJ62 ART43 N2 G. CPC67 ART543 N1 N2.
Sumário: I - A representação, no inventário obrigatório, de um interessado incapaz de receber a citação devido a anomalia psíquica ou outro motivo grave, compete a um curador "ad litem" nomeado pelo juiz, sem necessidade de constituir e ouvir o conselho de família nem de seguir, na escolha da pessoa indicada para a função, a ordem estabelecida no artigo 143 do Código Civil. II - Não representa litigância de má fé a simples discordância quanto à aplicação de preceitos legais na solução de um incidente do inventário. III - Devem ser desentranhados, se forem desnecessários, os documentos juntos aos autos, sendo o apresentante condenado nas custas do incidente do desentranhamento. IV - Litiga de...
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