Acórdão nº 065232 de Supremo Tribunal Administrativo (Portugal), 25 de Fevereiro de 1975 (caso None)
| Magistrado Responsável | GARCIA DA FONSECA |
| Data da Resolução | 25 de Fevereiro de 1975 |
| 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: CCIV66 ART12 N1 ART2109 ART2158 ART2162. CCIV867 ART1498 ART1784 PARUNICO ART1498 ART1790 ART2107.
Jurisprudência Nacional: AC STJ DE 1972/12/05 IN BMJ N222 PAG425.
Sumário : I - A determinação da quota disponivel do doador e aplicavel a lei vigente a data da sua morte. II - Assim, numa doação feita no dominio do Codigo de Seabra cujo doador faleceu ja depois de 1967, o montante da quota disponivel para efeitos de possivel redução por inoficiosidade deve determinar-se pelas regras do novo Codigo Civil, uma vez que a elevação do montante da legitima prevista no artigo 2158 visou uma melhor protecção dos direitos dos filhos e, portanto, foi determinada por razões de...
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