Acórdão nº 068981 de Supremo Tribunal de Justiça (Portugal), 14 de Janeiro de 1982
Magistrado Responsável | AQUILINO RIBEIRO |
Data da Resolução | 14 de Janeiro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR SUC.
Legislação Nacional: CPC67 ART28 ART494 N1 B ART495 ART661 ART668 N1 E F ART722 N2 ART821 ART822 ART823 ART838 ART862 ART1037 N2 ART1042. CCIV66 ART601 - ART603 ART817 ART833 ART1448 ART1545 ART1896 ART2008 ART2031. CRP67 ART2 ART8. CCIV867 ART1743 ART1822 ART1866 ART2009 ART2169.
Jurisprudência Nacional: ASS DE 1937/12/14 IN RLJ ANO70 PAG270 IN CJ ANO36 PAG412. ASS DE 1954/10/19 IN BMJ N45 PAG152 IN DIR ANO31 PAG132 IN RLJ ANO79 PAG411 IN RT ANO65 PAG103.
Sumário : I - O princípio geral de que todos os bens do executado são garantia da dívida exequenda sofre limitações de ordem substantiva e adjectiva, projectando-se na impenhorabilidade, que pode decorrer da inalienabilidade. II - Um prédio urbano, licitado e adjudicado, em inventário obrigatório e na sequência das partilhas homologadas por sentença, a um interessado a quem fora legado por testamento do inventariado, pertence em propriedade plena a esse interessado, o qual dispõe do direito de alienação; a tal se não opõe a cláusula testamentária segundo a qual, se qualquer dos três filhos do testador falecesse sem ter deixado "descendentes legítimos", os bens que pelo testamento tivessem ficado a pertencer ao falecido seriam para aquele dos três irmãos que sobrevivesse ou para os seus "descendenres legítimos", cláusula que não constitui substituição fideicomissária ou legado condicional, nem estabelece uma...
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