Acórdão nº 072955 de Supremo Tribunal Administrativo (Portugal), 17 de Dezembro de 1985 (caso None)
Magistrado Responsável | SENRA MALGUEIRO |
Data da Resolução | 17 de Dezembro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR SUC.
Legislação Nacional: CCIV867 ART1868 ART1874 ART2009 ART2011. DL 19126 DE 1930/12/16.
Jurisprudência Nacional: AC STJ DE 1957/10/25 IN BMJ N70 PAG440. AC STJ DE 1966/06/24 IN BMJ N158 PAG339. ASS STJ DE 1954/10/19. ASS STJ DE 1937/12/14.
Sumário : I - Na substituição fideicomissaria, que se caracteriza por uma sucessão na propriedade, o fiduciario encontra-se na situação de proprietario dos bens, com o encargo de os conservar e devolver ao fideicomissario com a abertura da substituição, podendo esta revestir a forma condicional, dado a lei não exigir que seja puro e simples o encargo de transmitir; verificado o evento de que depende a substituição, cessa o direito do fiduciario e começa o direito - tambem de propriedade - do fideicomissario. II - Na deixa testamentaria condicional, a nomeação pelo testador do segundo instituido (ou substituto) e feita sob condição suspensiva e, verificada a condição, que e...
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