Acórdão nº 082400 de Supremo Tribunal de Justiça (Portugal), 03 de Junho de 1992
Magistrado Responsável | MAXIMO GUIMARÃES |
Data da Resolução | 03 de Junho de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR SUC. DIR PROC CIV - PROC INVENT.
Legislação Nacional: CCIV66 ART2156 ART2157 ART2159 ART2162 ART2168 ART2169 ART2178. CPC67 ART474 N3 ART1329 PAR1 ART1348 ART1359 N2 ART1367 ART1374 ART1375 ART1376 ART1397 N1.
Jurisprudência Nacional: AC STJ DE 1952/03/21 IN BMJ N30 PAG310. AC STJ DE 1974/10/25 IN BMJ N240 PAG248.
Sumário : I - E meio proprio para reduzir doações por inoficiosidade, o processo de inventario, quando haja lugar a este, quer na modalidade de inventario-arrolamento quer por via do inventario-divisão. II - Tal direito de redução e apenas conferido pela lei aos herdeiros legitimarios, por so eles serem, ou poderem ser, ofendidos nas suas legitimas. III - Todavia pode haver casos em que se pode usar a acção comum prevista nos artigos 2168, 2169 e 2178 do Codigo Civil para a finalidade indicada em I. IV - Quando a indagação sobre inoficiosidade não...
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