Ourique: Relatives of the deceased user, They want reversal of donation to the Holy House of Mercy.


Seven years later, It begins in the Court of Beja the judgment of a civil case in which the Santa Casa da Misericórdia de Ourique (SCMO), the provider and the lawyer.

The action was filed by the relatives of Carlos Castro and Nunes, of 74 year old, a user of the home that institution, died 23 February 2017, who want to see canceled a grant contract of the goods in favor of the SCMO.

The family of the deceased want the court to declare the donation as non-existent and the Holy House be ordered to return the heritage of Carlos Nunes, half of two mixed buildings and an urban building, parties that owned and two bank accounts, no value 346.444,96 euros.

In the petition that was filed in court in March 2018 Castro and Carlos Nunes family maintains that "did not sign the said donation contract and the appropriate authentication term", adding that it "is fraudulent, because the lines and signatures of documents, so someone match your signature ", justify. The plaintiffs point "dissimilarity between the signature and the items listed in the donation contract to Santa Casa", and those in their ID card and a contract in 2014.

Through Porto lawyer António Montalvão Machado, The SCMO filed a defense to the lawsuit where it maintains that “it is insulting” to the Santa Casa that the plaintiffs say that “the contract was usurer”, arguing that even if that happened, "The right to plead nullity expired", concluded. Montalban Machado argues in the document that the donations were "worthy destinations", having the SCMO finalized works in the new nursery and kindergarten, childhood institution, "To which he gave the name of the deceased Carlos Castro Nunes",

In the lawsuit that begins to be tried this Thursday in the Central Central and Criminal Court of the Court of Beja are 28 witnesses, and 10 on the part of the authors of the action and 18 defendant. Among the attestors is the former SCMO official who in December 2022 was sentenced to seven years in prison, reverted to five by the relationship of Évora, four crimes: one of aggravated theft, Two in computer science and one of falsification of documents, having diverted from the institution 93.893 euros.

Teixeira Correia

(journalist)


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