Acórdão nº 0308028 de Court of Appeal of Porto (Portugal), 29 de Maio de 1995
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 29 de Maio de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Indicações Eventuais: CITA VAZ SERRA IN RLJ ANO107 PAG309 E MOTA PINTO IN TEORIA GERAL DO DIREITO CIVIL PAG362 E OUTROS.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART240 N1 N2 ART242 N1 N2 ART286 ART409 N1 ART879 A ART946 N2. CPC67 ART264 N2 ART456 N1 N2. CNOT67 ART81 N1 A ART84 N1 D. CSISD58 ART162 PARI.
Jurisprudência Nacional: AC RE DE 1978/04/06 IN CJ T2 ANOIII PAG571.
Sumário: I - Num contrato de compra e venda onde, a par do negócio simulado visando prejudicar a Fazenda Nacional, há um negócio oculto ou dissimulado de doação revelado por conluio onde as partes pretenderam subordinar a transmissão da propriedade dos bens doados à verificação da morte do doador reservando este para si, enquanto vivo, a posse e administração desses bens, deverá este negócio dissimulado considerar-se uma doação " mortis causa " sujeita às formalidades " ad substantiam " exigidas para os próprios testamentos. II - A violação ou omissão de tais formalidades " ad...
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