Bens dotais
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 47-48 |
Page 47
s.m. pl. (lat. bene).
s.c.: o que é susceptível de apropriação; posses; riquezas.
adj. 2 gén. (lat. dotale).
s.c.: referente a dote.
Com a petição inicial de autorização para alienar ou onerar bens dotais, formulada por um só dos cônjuges, deve juntar-se documento autêntico ou autenticado que prove o consentimento do outro cônjuge; se este recusar o consentimento ou não puder prestá-lo por incapacidade, ausência ou outra causa, deve cumular-se com o pedido de autorização judicial o de suprimento do consentimento.
Page 48
A decisão que autorizar a alienação dos bens para satisfazer necessidade urgente determinará o destino e as condições de utilização do respectivo produto.
Quando o produto da alienação tenha de ser convertido em bens imóveis ou títulos de crédito nominativos, ajustada a compra destes e verificado o seu valor, com audiência dos interessados, é o preço, directamente, entregue ao vendedor, depois de registado ou averbado o ónus dotal.
No caso de permuta não se cancela o registo de ónus dotal sem estar registado ou averbado esse ónus nos bens oferecidos em sub-rogação.
Se, depois de aplicado o produto dos bens ou de efectuada a conversão, ficarem sobras de tal modo exíguas que se torne impossível ou excessivamente oneroso convertê-las, serão entregues ao cônjuge que estiver na administração dos bens do casal, como se...
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PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- B
- Benfeitoria
- Bens dotais
- Boa-fé
- Bolsa
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