Acórdão nº 063451 de Supremo Tribunal de Justiça (Portugal), 22 de Janeiro de 1971 (caso NULL)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 22 de Janeiro de 1971 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CIV - DIR SUC. DIR PROC CIV - RECURSOS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CADM40 ART255 N5. CCIV867 ART1327 ART1329 ART1330 ART1333 ART1741 ART1894 ART1896 ART1898 ART1902 ART1903. CCIV66 ART8 ART288 ART2184 ART2309 ART2325 ART2327. DL 47344 DE 1966/11/25 ART23. CPC67 ART446. CCJ62 ART3.
Sumário : I - Instituida uma freguesia herdeira testamentaria de determinado individuo, a aceitação da herança so pode ter lugar a beneficio de inventario, sendo atraves do respectivo processo, com intervenção do Tribunal e sob sua fiscalização, que o testamento deve ser cumprido e que o testamenteiro deve exercer as suas funções, não podendo este, por isso, vender bens da herança a margem desse processo, ainda que para cumprimento de legados. II - Os documentos a que se refere o artigo 1741 do Codigo Civil de 1867, como integradores da vontade manifestada no testamento, alem de deverem ser escritos e assinados pelo testador - não produzindo, assim, efeito uma declaração dactilografada, embora com reconhecimento da...
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