Acórdão nº 9750664 de Supremo Tribunal Administrativo (Portugal), 02 de Março de 1998 (caso None)
| Magistrado Responsável | PAIVA GONÇALVES |
| Data da Resolução | 02 de Março de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR SUC. DIR PROC CIV.
Legislação Nacional: CCIV66 ART2068 ART2097 ART2098 N1 N2. CPC67 ART6 A.
Jurisprudência Nacional: AC STJ DE 1977/11/04 IN BMJ N273 PAG322. AC STJ DE 1994/06/28 IN CJSTJ T2 ANOII PAG165.
Sumário: I - A herança não pode ser demandada nem condenada por não ter personalidade, salvo em relação à herança jacente à qual a lei - artigo 6 alínea a) do Código de Processo Civil - reconhece personalidade judiciária. II - Os herdeiros serão demandados e condenados mas não a pagar os créditos, tão somente a reconhecer a sua existência ou a verem satisfeitos...
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