Acórdão nº 0052952 de Court of Appeal of Lisbon (Portugal), 02 de Abril de 1992
| Magistrado Responsável | FERREIRA GIRÃO |
| Data da Resolução | 02 de Abril de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR MENORES. DIR PROC CIV. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART1407 N7. CCIV66 ART1793 N1 ART1905. OTM78 ART180.
Sumário: I - O incidente regulado no n. 7 do artigo 1407 do Código de Processo Civil é excepcional e, por isso, só em situações também excepcionais deve ser utilizado; II - Apesar do seu carácter sumaríssimo e expedito, nem por isso o Juiz pode lançar mão dele se não conseguir suficiente lastro fáctico; III - É da experiência da vida a forte ligação maternal, mormente entre mãe e filha; donde tenha vindo a ser práctica jurisprudencial corrente só em casos muito excepcionais retirar...
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