Acórdão nº 071741 de Supremo Tribunal de Justiça (Portugal), 27 de Março de 1984 (caso NULL)
Magistrado Responsável | SANTOS SILVEIRA |
Data da Resolução | 27 de Março de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART26 N3 ART28 N1 N2 ART269 ART356 ART771 ART1327 ART1388 N1. CCIV66 ART1769 N1 ART1807 ART1825 ART1839 ART1841.
Sum·rio : I - A legitidade activa para a anulaÁ„o da partilha judicial, nos termos do artigo 1388, n. 1, do Codigo de Processo Civil, cabe apenas ao co-herdeiro preterido ou n„o interveniente no inventario, n„o podendo fugurar como demandante um co-herdeiro que interveio no processo. II - A demanda anulatoria deve ser instaurada contra todos os herdeiros n„o preteridos e intervenientes no inventario (litisconsorcio necessario passivo), pelo que basta a falta de um deles para desencadear a ilegitimidade passiva (artigo 28...
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