Acórdão nº 079960 de Supremo Tribunal de Justiça (Portugal), 31 de Janeiro de 1991 (caso NULL)
Magistrado Responsável | MOREIRA MATEUS |
Data da Resolução | 31 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART287 E ART446 N1 N2 ART447 N1 ART449 N3 ART1439 N2.
Sumário : I - Tendo o processo de inventario obrigatorio chegado ao seu termo como homologação da respectiva partilha e pagamento das custas, verifica-se a inutilidade superveniente da lide em relação ao recurso interposto de um despacho do Senhor Juiz que indeferira um requerimento do recorrente. II - Do artigo 447 do Codigo de Processo Civil decorre que, em principio, as custas são suportadas pelo autor, so as pagando o reu quando a este seja imputavel o facto que determinou a impossibilidade ou inutilidade da lide. III - Por isso, o recurso não tem que prosseguir com o unico objecto de determinar quem suporta as custas. IV - Alias, quando alguma das entidades referidas no n. 2 do artigo 1439 do Codigo de Processo Civil se opõe ao requerido...
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