Acórdão nº 086508 de Supremo Tribunal de Justiça (Portugal), 06 de Abril de 1995
| Magistrado Responsável | FIGUEIREDO DE SOUSA |
| Data da Resolução | 06 de Abril de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS IN CPC ANOTADO VOLI PAG20. M ANDRADE IN NOÇÕES ELEMENTARES PAG196. A VARELA MANUAL 1985 PAG16 PAG460.
Área Temática: DIR CIV - DIR SUC / TEORIA GERAL. DIR PROC CIV - RECURSOS. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CCIV66 ART342 N1 ART343 N1 ART2194. CPC67 ART4 ART722 N2 ART729. LOTJ87 ART29.
Sumário : I - O ónus de provar os pressupostos de nulidade da instituição de herdeiro cabe à autora. II - Na acção em que se pretende ver judicialmente declarada a nulidade de uma disposição testamentária, a classificação legal cabe na espécie das acções constitutivas, uma vez que o seu objecto é a mudança da ordem jurídica existente. III - Como tal, cabe à autora a prova...
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