Preterição
| Autor | Helder Martins Leitão |
| Cargo do Autor | Advogado |
| Páginas | 227 |
Page 227
s.f. (lat. praeteritione).
s.c.: acto ou efeito de preterir, desprezar, omitir.
Salvos os casos de recurso extraordinário, a anulação da partilha judicial confirmada por sentença passada em julgado só pode ser decretada quando tenha havido preterição ou falta de intervenção de algum dos co-herdeiros e se mostre que os outros interessados procederam com dolo ou má-fé, seja quanto à preterição, seja quanto ao modo como a partilha foi preparada.
Remissões:
arts. 23.º/3, 494.º/j), 495.º e 1388.º/1 C.P.C..
Jurisprudência:
Ac. S.T.J., de 4/5/93, in Col...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- P
- Pacto de jurisdição
- Pagamento
- Parecer
- Parentesco
- Parte
- Partilha
- Patrocínio judiciário
- Pedido
- Penhor
- Penhora
- Perícia
- Perito
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- Pessoa colectiva
- Petição inicial
- Poder jurisdicional
- Prazo
- Preço
- Preferência
- Presidente da república
- Prestação de facto
- Preterição
- Princípio
- Procedimento cautelar
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