Acórdão nº 0062891 de Court of Appeal of Lisbon (Portugal), 15 de Dezembro de 1992
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 15 de Dezembro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR REAIS / DIR FAM.
Legislação Nacional: CPC67 ART26 N1 N2 N3. CCIV66 ART11 ART100 ART141 ART216 ART240 ART242 N2 ART286 ART334 ART473 ART474 ART479 ART481 ART482 ART1129 ART1251 ART1253 ART1273 ART2157 ART2164 ART2168 ART2169. CCIV867 ART474 PAR1 ART951 ART1031 ART1493 ART1736 ART1788 ART1789.
Jurisprudência Nacional: ASS STJ DE 1941/12/19 IN BOL OF ANOI PAG485. AC STJ DE 1981/01/15 IN BMJ N303 PAG236. AC RL DE 1989/10/24 IN CJ T4 PAG155. AC STJ DE 1983/05/31 IN BMJ N327 PAG668. AC STJ DE 1984/04/03 IN BMJ N336 PAG420.
Sumário: A nossa lei não confere aos herdeiros legitimários o direito de, em vida do doador, impugnarem a validade das doações deste, fora do âmbito do n. 2 do artigo 242 do Código Civil. Esta última disposição tem carácter excepcional, só sendo aplicável aos casos nela contemplados. O disposto no artigo 286 do Código Civil não confere aos herdeiros legitimários legitimidade...
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