Acórdão nº 98A1085 de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 1998 (caso NULL)
Magistrado Responsável | RIBEIRO COELHO |
Data da Resolução | 15 de Dezembro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: J LOPES CARDOSO IN PARTILHAS JUDICIAIS VOL II PAG362.
Área Temática: DIR CIV - DIR FAM / DIR SUC. DIR PROC CIV - PROC INVENT.
Legislação Nacional: CCIV66 ART1371 ART1724 ART1730 N1 ART2133 N1 A.
Sumário : I - Falecendo uma pessoa na situação de casada nos regimes de comunhão geral de bens ou de comunhão de adquiridos, o cônjuge sobrevivo tem direito à sua meação nos bens comuns do casal, nos termos dos artigos 1724 e 1730, n. 1, do Código Civil. II - Tendo, outrossim, direito, não havendo testamento, ao que no remanescente, que constitui a herança, corresponder ao seu quinhão como herdeiro, ao abrigo do artigo 2133, n. 1, daquele diploma substantivo. III - A comunhão conjugal, não significa a existência de uma situação de compropriedade sobre os bens comuns, com quotas ideais de cada um dos cônjuges sobre cada um dos bens em causa. Diversamente...
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