Acórdão nº 076778 de Supremo Tribunal Administrativo (Portugal), 31 de Janeiro de 1989 (caso None)
Magistrado Responsável | PINTO FERREIRA |
Data da Resolução | 31 de Janeiro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A REIS COD PROC CIV ANOT VV PAG143.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - PROC INVENT.
Legislação Nacional: CCIV66 ART265 N1. CPC67 ART36 ART37 ART201 N1 ART203 N1 ART205 N1 ART660 N2 ART666 N3 ART667 N1 N2 ART668 N1 D ART713 N2 ART716 N1 ART721 N2 ART1330 ART1340 ART1351 N1.
Sumário : I - O acordão da Relação não e nulo por omissão de pronuncia, no tocante a invocada representação do recorrente pelo advogado do divorcio, pois ai se escreveu não se conhecer dessa questão por o recorrente não ter reagido nos termos legais ao procedimento seguido pelo tribunal da 1 instancia quanto a forma que revestiram as notificações dos actos a praticar ou praticados no processo de inventario e que a lei manda que sejam feitas nas pessoas interessadas na partilha. Não se resolve a questão, mas indicou-se a razão por que foi afastada a solução. II - E dada a solução acima, não se pode concluir que no acordão recorrido se tivesse acatado ou não o disposto no artigo 265, n. 1 do Codigo Civil, pois não se cuidou de saber se a procuração estava ou não extinta a data da instauração do inventario. III - A omissão das notificações na pessoa do recorrente - - artigos 1340 e 1330, do Codigo de Processo Civil - - respectivamente dos despachos que ordenaram o exame da relação de bens e designaram dia para a conferencia e exame da descrição - artigo 1351, n. 1 do Codigo de...
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