Acórdão nº 064414 de Supremo Tribunal de Justiça (Portugal), 06 de Abril de 1973
Magistrado Responsável | JOSE FERNANDES |
Data da Resolução | 06 de Abril de 1973 |
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. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART5 ART21 ART26 ART1484. CCOM888 ART105 PAR1 ART108 ART120 PAR1 ART152 PAR1 ART153 ART155. CCIV66 ART986. CCIV867 ART1867 ART1869.
Sumário : I - Na vigencia do Codigo Civil de 1867, a disposição do testador a favor de cada um de dois legatarios de 25% da sua quota numa sociedade em nome colectivo, com a clausula de que, no caso de um falecer antes dele, a sua parte acrescera a do outro, e de, se nenhum lhe sobreviver ou quando posteriormente falecerem, o legado revertera para os herdeiros legitimos do testador, importa, ocorrida a pre-morte de um dos legatarios, na verificação da condição suspensiva da instituição do legado de 50% da quota social em relação ao sobrevivente, o qual, como fiduciario, o transmitira aos herdeiros do testador, não se confirmando, assim, uma...
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