Acórdão nº 077920 de Supremo Tribunal Administrativo (Portugal), 03 de Maio de 1990 (caso None)
Magistrado Responsável | ELISEU FIGUEIRA |
Data da Resolução | 03 de Maio de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR FAM.
Legislação Nacional: CCIV66 ART139 ART140 ART144 ART945 N1 ART951 ART958 ART959 ART963 ART1896 ART1938 N1 C.
Sumário : I - A doação pura distingue-se da doação modal porque naquela, ainda que haja reserva de usufruto ou de outro direito real, não se impõe ao donatario qualquer obrigação, não ficando ele vinculado a nenhum dever de prestar, enquanto nesta o donatario fica adstrito ao cumprimento de uma ou mais prestações, caracterizando-se a doação pelo facto destes encargos não representarem uma contraprestação e muito menos o correspectivo da atribuição patrimonial. II - A doação de imovel com o encargo de o donatario entregar a sua mãe, seja ou não sua tutora, a titulo de renda vitalicia, o rendimento total e iliquido desse imovel, caracteriza-se como doação modal, uma vez que o donatario fica vinculado ao cumprimento de uma prestação. III - A doação com encargos feita a incapaz tem de ser aceite por intermedio do seu representante legal com autorização judicial (artigos 139 e 1983 n. 1 alinea c) do Codigo Civil) caducando e, por isso, não produzindo...
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