Acórdão nº 064310 de Supremo Tribunal de Justiça (Portugal), 07 de Dezembro de 1972
Magistrado Responsável | JOÃO MOURA |
Data da Resolução | 07 de Dezembro de 1972 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR SUC. DIR PROC CIV.
Legislação Nacional: CPC67 ART664. CCIV66 ART859 ART2187 N2 ART2262 ART2263. CCIV867 ART803.
Sumário : I - E conforme ao artigo 2187 do Codigo Civil a interpretação da vontade do testador feita pelas instancias, no dominio da sua exclusiva competencia, com base na prova produzida e seu exame critico, sem violação de quaisquer regras de direito probatorio e em correspondencia com o proprio contexto de testamento. II - So e de invocar o disposto nos artigos 2262 e 2263 do Codigo Civil no caso, respectivamente, de duvida quanto a vontade do testador ou de silencio deste. III - Para que a emissão de uma letra opere a novação da obrigação fundamental e indispensavel que as partes manifestem expressamente a vontade de contrairem nova obrigação, conforme o artigo 859 do Codigo Civil. IV - Ao tirar uma conclusão depois de conjugar os factos articulados e provados com a...
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