Acórdão nº 062942 de Supremo Tribunal de Justiça (Portugal), 20 de Fevereiro de 1970
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 20 de Fevereiro de 1970 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR SUC / DIR REAIS.
Legislação Nacional: CPC67 ART1388. CCIV867 ART510 ART529 ART549 ART551 ART663 PARUNICO ART1822 ART1824 ART2064 ART2102 ART2163.
Sumário : I - A uma partilha extrajudicial homologada por sentença não e aplicavel o disposto no artigo 1388 do Codigo de Processo Civil, mas o artigo 2163 do Codigo Civil de 1867. II - Não ha fundamento para a rescisão de partilha por falta de intervenção de um herdeiro condicional, uma vez que não foi devida a qualquer artificio fraudulento dos restantes herdeiros, nem a uma atitude passiva destes capaz de conduzir ao mesmo resultado, e antes o problema da intervenção do herdeiro condicional foi suscitado e decidido no inventario. III - Não caracteriza o dolo a circunstancia de, no proprio dia em que foi efectuada a escritura de partilhas, a viuva ter doado aos filhos os bens que ficaram a compor a sua meação, pois, não so o...
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