Acórdão nº 98A445 de Supremo Tribunal de Justiça (Portugal), 02 de Junho de 1998
Magistrado Responsável | ARAGÃO SEIA |
Data da Resolução | 02 de Junho de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR SUC / TEORIA GERAL.
Legislação Nacional: CCIV66 ART236 N1 ART237 ART238 N1 ART239 ART2187 ART2206 N4.
Jurisprudência Nacional: ASS STJ DE 1954/10/19 IN BMJ N45 PAG152. AC STJ DE 1986/12/16 IN BMJ N362 PAG550. AC STJ DE 1989/06/15 IN BMJ N388 PAG531. AC STJ DE 1992/02/26 IN BMJ N414 PAG556. AC STJ DE 1997/12/03 IN CJSTJ ANOV TIII PAG153. AC STJ DE 1996/02/13 IN CJSTJ ANOIV TI PAG84.
Sumário : I - A determinação da real intenção do testador constitui matéria de facto, exclusivamente da competência das instâncias, como se decidiu no Assento do STJ de 19 de Outubro de 1954, publicado no BMJ n. 45-152, cuja doutrina continua em vigor, embora sem a força vinculativa anterior. II - Constitui, porém, matéria de direito a determinação do sentido jurídico que seja vinculativo, de modo a permitir resolver, de harmonia com os critérios legais, o caso submetido à apreciação; ou seja, cabe ao tribunal de revista a fixação do sentido normativo ou juridicamente relevante da vontade do testador se as normas dos artigos 236, n. 1, 237 e 238, n. 1, do C.C. não tiverem sido aplicadas ou tiverem-no sido...
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