Acórdão nº 0057711 de Supremo Tribunal Administrativo (Portugal), 09 de Junho de 1992 (caso None)
Data | 09 Junho 1992 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC INVENT. DIR CIV - TEORIA GERAL / DIR FAM.
Legislação Nacional: CPC67 ART26 ART180 N1 ART244 N2 N4 ART486 N2 ART1094 ART1326 N2 ART1329 N1 ART1332 N1 ART1404. DL 47344 DE 1966/11/25 ART16. CCIV66 ART10 ART334 N1 ART1787 ART1790.
Sumário: I - Ainda que a oposição ao inventário não deva ser admitida, por extemporânea, daí não resulta que se radique no requerente do inventário o direito a ver partilhado com ele os bens relacionados e descritos, já que, no momento da partilha, sempre o Juiz tem de aplicar a lei. II - O Código Civil aplica-se aos efeitos a atribuir a um divórcio decretado já no seu domínio, pelo que na partilha dos bens que advieram ao casal por sucessão, antes da entrada em vigor do actual Código Civil, é aplicável a regra do artigo 1790 do Código Civil se o divórcio foi decretado no domínio deste. III...
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