Acórdão nº 073438 de Supremo Tribunal Administrativo (Portugal), 21 de Janeiro de 1986 (caso None)
Magistrado Responsável | CORTE REAL |
Data da Resolução | 21 de Janeiro de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR CONTRAT / DIR REAIS / DIR SUC. DIR REGIS NOT.
LegislaÁ„o Nacional: CCIV66 ART285 ART892 ART895 ART1408 N2. CRP67 ART7. CRP84 ART5.
Sum·rio : I - A escritura de doaÁ„o de bens especificados de heranÁa indivisa, por violadora do disposto no artigo 1408, n. 2 do Codigo Civil, e nula, de acordo com o seu artigo 892. II - Assim, quando a doadora interveio na escritura de partilhas com sua irm„, da heranÁa dos pais, ela era legitima titular do direito hereditario a essa heranÁa, pois n„o o tinha transferido para o donatario. III - E quando mais tarde foi feita a escritura de rectificaÁ„o dessa escritura de doaÁ„o nula, a doadora ja n„o era titular desse direito a heranÁa dos pais, visto ja se encontrar partilhada, pertencendo-lhe apenas os bens que lhe couberam nessa partilha, pelo que tal rectificaÁ„o nunca poderia ter efeito retroactivo. IV - Essa escritura nula de doaÁ„o so podia ser convalidada nos termos do artigo 895 do Codigo Civil e, ent„o, com efeito retroactivo, mas convalidaÁ„o que n„o se deu, pois a doadora n„o coube em partilhas nenhum dos predios por si doados, como tambem resulta dos artigos 285 e 892 do Codigo Civil. V - Assim, s„o validas as escrituras de partilhas, entre as duas irm„s celebradas, da heranÁa dos pais, e de doaÁ„o feita pela irm„ Augusta ao autor, dos bens que...
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