Acórdão nº 082130 de Supremo Tribunal de Justiça (Portugal), 17 de Setembro de 1992
Magistrado Responsável | DIONISIO PINHO |
Data da Resolução | 17 de Setembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR SUC. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART62 ART185 ART188 N3 ART236 ART362 ART394. CCIV867 ART1743. CPC67 ART722 N2.
Sumário : I - Tendo o tribunal colectivo, nas respostas aos quesitos, para além do enquadramento material de um questionado despacho ministerial a negar o reconhecimento de uma Fundação por insuficiência patrimonial, esclarecido as circunstâncias motivadoras do mesmo despacho, da relação entre ele e o caso concreto e, por essa via, fixado o seu sentido, cujo teor comporta perfeitamente o alcance das respostas, não contrariando o sentido do despacho nem violando quaisquer disposições legais, o Supremo Tribunal de Justiça não pode aí exercer censura. II - A decisão da Relação sobre a vontade do testador constitui matéria de facto alheia à competência do Supremo Tribunal de Justiça. III - O Supremo Tribunal de Justiça não pode conhecer de matéria que não foi suscitada no recurso para a Relação. IV - Tendo o testador instituído herdeiro do remanescente da herança com o encargo de criar uma Fundação, emergindo esse encargo e essa...
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