Acórdão nº 083806 de Supremo Tribunal de Justiça (Portugal), 21 de Setembro de 1993 (caso NULL)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 21 de Setembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR SUC.
Legislação Nacional: CPC67 ART511 N4 ART712 ART729 N1 ART730 N2. CCIV66 ART2187 N2 ART2312 N1.
Jurisprudência Nacional: AC STJ DE 1984/02/08 IN BMJ N234 PAG293. ASS STJ DE 1954/10/19. AC STJ DE 1984/02/08 IN BMJ N334 PAG267. AC STJ DE 1985/01/01 IN AD N281 PAG597. AC STJ DE 1981/01/30 IN BMJ N303 PAG219 AC STJ DE 1982/07/27 IN BMJ N323 PAG317.
Sumário : I - O resultado da interpretação do testamento deve encontrar no seu contexto um mínimo de correspondência ainda que imperfeitamente expresso, nos termos do artigo 2187 do Código Civil. II - A limitação contida no n. 2 do artigo 2187 do Código Civil não restringe o recurso à prova complementar, pois apenas proíbe que, com o uso desta prova, se ultrapasse o processo de interpretação para operar o que seria verdadeira alteração ou modificação informal do próprio testamento. III - Constitui matéria de facto da exclusiva competência das instâncias determinar a intenção do testador. IV - A revogação tácita do testamento pode revelar-se na incompatibilidade material ou na incompatibilidade intencional do testamento posterior com o primeiro. V - O Supremo não pode exercer censura sobre o não uso pela...
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