Menor
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 190 |
Page 190
s. 2 gén. (lat. minore).
s.c.: pessoa que ainda não atingiu a maioridade.
Os menores cujo poder paternal compete a ambos os pais são por estes representados em juízo, sendo necessário o acordo de ambos para a propositura de acções.
Quando seja réu um menor sujeito ao poder paternal dos pais, devem ambos ser citados para a acção.
Quando o menor seja representado por ambos os pais, se houver desacordo destes acerca da conveniência de intentar a acção, pode qualquer deles requerer ao tribunal competente a resolução do conflito.
Se o desacordo apenas surgir no decurso do processo, acerca da orientação deste, pode qualquer dos pais, no prazo de realização do primeiro acto processual afectado pelo desacordo, requerer ao juiz da causa que providencie sobre a forma do incapaz ser nela representado, suspendendo-se, entretanto, a instância.
Ouvido o outro progenitor, quando só um deles tenha requerido, bem como, o M.P., o juiz decide de acordo com o interesse do menor, podendo atribuir a representação a um só dos pais, designar curador especial ou conferir a representação ao M.P., cabendo...
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