Acórdão nº 077199 de Supremo Tribunal Administrativo (Portugal), 31 de Maio de 1990 (caso None)
Magistrado Responsável | JORGE VASCONCELOS |
Data da Resolução | 31 de Maio de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR SUC / TEORIA GERAL.
Legislação Nacional: LSQ ART2 ART6 PAR3 ART20 ART34. CCOM888 ART114 ART118 ART119 ART120 PAR1 PAR2 ART192. CSC86 ART225. CCIV66 ART236 N1 N2 ART1467 N1 C ART2163 ART2182 ART2187 ART2197 ART2301 ART2302 ART2306.
Sumário : I - No dominio dos negocios juridicos, em geral, a interpretação constitui materia de facto somente quando se busque a determinação da vontade real do declarante, sempre que conhecida ou cognosciivel do declaratario (artigo 236, n. 2 do Codigo Civil), e constitui, em regra, materia de direito por, fora daquele caso, ter de fazer-se a interpretação segundo o criterio legal definido no artigo 236, n. 1 do Codigo Civil). II - Em materia testamentaria, contudo, constitui materia de facto, da competencia exclusiva das instancias, a intepretação das disposições testamentarias, por visar a determinação da vontade real do testador, atraves apenas do contexto do testamento, ou tambem com recurso a prova complementar, designadamente testemunhal, dado que a intenção do...
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