Acórdão nº 064379 de Supremo Tribunal de Justiça (Portugal), 16 de Fevereiro de 1973
Magistrado Responsável | JOSE FERNANDES |
Data da Resolução | 16 de Fevereiro de 1973 |
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 ART2104 ART2108 N1 ART2109 N1 ART2113 ART2114 ART2139 ART2158 ART2168 ART2169.
Sumário : I - O novo Codigo Civil desprende intencionalmente a colação do dominio restrito da sucessão legitimaria e, portanto, as doações feitas aos descendentes passaram a considerar-se não como uma antecipação da legitima mas como antecipação de toda a quota hereditaria. II - Assim, as doações feitas em pagamento das respectivas legitimas dos donatarios, unicos filhos do doador, sem dispensa de colação, tem em vista a igualação dos quinhões hereditarios, impedindo que tais doações possam imputar-se na quota disponivel do doador, devendo proceder-se a partilha da herança em...
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