Acórdão nº 0114183 de Court of Appeal of Porto (Portugal), 26 de Junho de 1980
Magistrado Responsável | AMARAL AGUIAR |
Data da Resolução | 26 de Junho de 1980 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Indicações Eventuais: JOSÉ TAVARES IN SUCESSÕES PAG456 PAG464.
Área Temática: DIR CIV - DIR FAM - DIR SUC.
Legislação Nacional: CCIV867 ART1866 ART1867 ART1870 ART1871 ART1108 ART1109.
Sumário: I - Sancionado por sentença homologatória de partilha que a raiz de determinados bens pertencia, em compropriedade, aos netos da testadora, nascidos e por nascer, e o respectivo usufruto aos pais deles, os netos já nascidos obtiveram, desde logo, a qualidade de comproprietários desses bens, embora em quota então ainda indeterminada. II - Tendo os netos da testadora procedido à divisão dos referidos prédios, por escritura, sem intervenção e sem o consentimento da mulher de um deles, que, no entanto, deixou caducar o direito à anulação, posteriormente, pode ela fazer valer em relação ao prédio que, por aquela divisão, foi...
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