Acórdão nº 061997 de Supremo Tribunal de Justiça (Portugal), 12 de Janeiro de 1968
| Magistrado Responsável | ACACIO CARVALHO |
| Data da Resolução | 12 de Janeiro de 1968 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR SUC. DIR PROC CIV.
Legislação Nacional: CPC67 ART4 ART19 ART88 N2 ART154 N1 ART684 N2. CCIV867 ART1131 ART1789 ART1792 ART1805 ART1806 ART1838 ART1840 ART2019 ART2082 ART2085 ART2115.
Sumário : I - O legado sera valido sempre que a coisa legada, embora não existindo na herança, faça parte de certo genero ou especie. II - O dinheiro integra-se na categoria de coisas fungiveis, sendo, por isso, irrelevante que a soma legada se encontre ou não no patrimonio do falecido, incumbindo ao herdeiro o encargo de obte-la para a entregar ao legatario. III - São devidos juros desde a expiração do prazo fixado para cumprimento do legado. IV - A herança, antes da partilha, e uma universalidade de direito, com conteudo...
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