Acórdão nº 0094572 de Supremo Tribunal Administrativo (Portugal), 16 de Março de 1995 (caso None)
Magistrado Responsável | ANTONIO ABRANCHES MARTINS |
Data da Resolução | 16 de Março de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR INT PRIV.
Legislação Nacional: CPC67 ART65.
Legislação Estrangeira: CCIV ESPANHOL ART11 N3 ART687 ART734.
Sumário: I - O n. 1 do art. 65 do Código Civil estabelece uma conexão alternativa que visa a assegurar a validade formal do testamento desde que este corresponda às prescrições de qualquer uma das quatro leis aí indicadas; II - Nos testamentos feitos por cidadãos espanhóis no estrangeiro, o Código Civil espanhol manda-os sujeitar às formas estabelecidas pelas leis do país em que se encontrem (art. 732), sem exigir que o notário se assegure da capacidade do autor da herança para autorgar o testamento e mencione...
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