Acórdão nº 9120445 de Court of Appeal of Porto (Portugal), 04 de Fevereiro de 1992
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 04 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART240 ART241 N1 ART830 ART939 ART1306 ART1476 N1 A.
Sumário: I - Não há constituição de usufruto simultâneo ou sucessivo, através do mesmo acto jurídico, mas dois usufrutos autónomos ou distintos decorrentes de diversos negócios jurídicos, quando, procedendo-se a partilha por óbito de alguém através de escritura pública, se adjudicam certos prédios ao cônjuge supérstite, em usufruto vitalício e a outros interessados, em nua propriedade, e estes, na mesma escritura, fazem doação a sua filha da nua propriedade desses prédios " com reserva do respectivo usufruto vitalício a favor deles... a começar em seguida ao termo do usufruto... de que os mesmos se encontram cativos a favor daquele cônjuge ". II - A reserva de usufruto operada no acto dessa doação teve o objectivo de evitar que, por morte do cônjuge supérstite e da consequente extinção do seu usufruto, a propriedade plena se consolidasse na pessoa daquela donatária, continuando esta apenas titular da nua propriedade doada e o respectivo usufruto na titularidade dos doadores. III - Tendo, por escritura de 15 de Setembro de 1981, o cônjuge supérstite e a donatária declarado vender aos réus, respectivamente, o usufruto e a nua propriedade do terreno, não sendo então aqueles doadores titulares de direito real de usufruto sobre o terreno alienado, ficou excluída a possibilidade de constituição posterior desse direito de usufruto, a seu favor, por efeito da reserva estabelecida na doação que fizeram à sua filha. IV -...
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