Acórdão nº 064343 de Supremo Tribunal de Justiça (Portugal), 16 de Fevereiro de 1973
Data | 16 Fevereiro 1973 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO97 PAG59.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART12 N2 ART13 ART25 ART31. CRC32 ART232. CPC67 ART671 N1 ART673. D 39923 DE 1954/11/23. L 2049 DE 1951/08/06 ART114 ART115 PAR1 N3. L 2098 DE 1959/07/29 BXXVII. CCIV867 ART22 N1.
Legislação Estrangeira: CCIV DO BRASIL ART1611.
Sumário : I - O elemento relevante para a determinação da lei aplicavel a sucessão por morte e a nacionalidade do autor da sucessão ao tempo do falecimento. Dai que as consequencias, para esse efeito, da falta de registo da perda de nacionalidade por um portugues que se naturalizou brasileiro devam regular-se pela lei em vigor a data do falecimento (1963) - ou seja, a Lei n. 2098, de 29 de Julho de 1959 - e não pela lei vigente a data da naturalização (1940) - ou seja, o Codigo...
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