Acórdão nº 062768 de Supremo Tribunal de Justiça (Portugal), 06 de Junho de 1969
Magistrado Responsável | LOPES CARDOSO |
Data da Resolução | 06 de Junho de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM. DIR REGIS NOT.
Legislação Nacional: CRC67 ART87 ART91 ART105 N1 E ART157 ART316. CRC11 ART4. CCIV867 ART123 ART126 ART127 ART2468 ART2469 ART2488 ART2491. D 2 DE 1910/12/25 ART28 ART29. CCIV66 ART1834 N1 ART1836 N2.
Sumário : I - O n. 3 do artigo 105 do Codigo de Registo Civil, ao permitir o requerimento de averbamento a qualquer interessado, refere-se a quem tenha mesmo um interesse indirecto. II - O artigo 123 do Codigo Civil de 1867 considerava o testamento meio idoneo para efectuar a perfilhação, o mesmo sucedendo em face da legislação posterior. III - Levado esse testamento ao registo civil e verificando-se que a perfilhação não fora registada, o conservador tinha que a averbar, nos termos do artigo 105 do Codigo do Registo Civil, independentemente da data do facto a averbar. IV - A perfilhação de um menor não dependia do consentimento dele, mas somente era impugnavel, nos termos dos artigos 127 do Codigo Civil de 1867 e 29 do Decreto de 1910. V - A perfilhação testamentaria de um menor, não registada durante a menoridade, pode se-lo posteriormente, mesmo sem a anuencia do perfilhado. VI - E o facto de a perfilhação ter sido registada não impede a sua impugnação, que o artigo 1836, n. 2, do Codigo Civil actual...
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