Questão jurídica principal
Whether a single co-heir may appeal alone against a judgment concerning the heirs' community
Decisão extraída
No. The heirs' community is a necessary joinder; because the appellant acted only in his own name and the other co-heirs did not join, the appeal lacked standing.
Fundamentação extraída
The claim belonged jointly to the heirs under Art. 602 CC, so all members had to act together in procedural matters under § 38 and § 40 CPC. Although case law allows a single heir to act in urgent community interests, that heir must do so as representative and in the name of the co-heirs. Here the appeal was filed expressly only in the appellant's own name.