Acórdão nº 083964 de Supremo Tribunal de Justiça (Portugal), 24 de Junho de 1993 (caso NULL)
Magistrado Responsável | ZEFERINO FARIA |
Data da Resolução | 24 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: M ANDRADE NOÇÕES ELEMENTARES DE PROC CIV PÁG108. A REIS CPC ANOTADO VOLIII PÁG127.
Área Temática: DIR PROC CIV - RECURSOS / PROC INVENT.
Legislação Nacional: CPC67 ART289 ART497 ART498 ART771 ART776 A ART1388.
Sumário : I - A anulação da partilha judicial, confirmada por sentença transitada em julgado, pode ser obtida através de recurso extraordinário de revisão de sentença ou através da acção a que se refere o artigo 1388 do Código de Processo Civil. II - O pedido no recurso ou na acção deve ser o mesmo: a anulação da partilha. III - Nas acções de anulação a causa de pedir é a nulidade específica que se invoca para obter o efeito pretendido. IV - No caso de recurso de revisão de sentença, o fundamento da anulação, a causa de pedir, será a falta de citação ou a nulidade da cotação do recorrente no caso do inventário correr à sua revelia, por falta absoluta da sua intervenção. V - Embora os autores tivessem usado os termos de anulação da partilha na acção e de revogação da sentença de partilha no recurso extraordinário de revisão da sentença, sendo os mesmos os factos...
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