Acórdão nº 064679 de Supremo Tribunal de Justiça (Portugal), 08 de Fevereiro de 1974
Magistrado Responsável | JOSE FERNANDES |
Data da Resolução | 08 de Fevereiro de 1974 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR SUC.
Legislação Nacional: CCIV66 ART1440 ART1443 ART1445 ART2187 N1 ART2196 ART2230 ART2243 N2 ART2244 N2 ART2245.
Sumário : I - A disposição testamentaria da plena propriedade de certos bens a favor de uma Junta de Freguesia, nomeada para a hipotese de a legataria do usufruto dos mesmos bens não poder entrar na sua posse por qualquer motivo alheio a sua vontade, integra um legado sob condição suspensiva. II - Verifica-se a mencionada condição se o legado de usufruto for julgado nulo, por aplicação do disposto no artigo 2196 do Codigo Civil, em acção proposta pelo herdeiro legitimario. III - Não obsta a validade do legado a Junta a circunstancia de o autor da herança o haver instituido com o objectivo de impedir o seu herdeiro de impugnar o legado a amante (o referido como de usufruto), visto não ter sido esse o seu fim essencial e unico, uma vez que se alcança do contexto do testamento que, com o legado a Junta, visou garantir o fim altruistico de manter aberto ao publico um gabinete de leitura. IV - O mesmo legado a favor da Junta - com o encargo de...
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