Acórdão nº 067901 de Supremo Tribunal de Justiça (Portugal), 29 de Maio de 1979
Magistrado Responsável | AQUILINO RIBEIRO |
Data da Resolução | 29 de Maio de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: PIRES DE LIMA E VARELA CCIV ANOTADO VOL4 PAG275.
Área Temática: DIR CIV - DIR SUC.
Legislação Nacional: CCIV867 ART1121 ART1122 ART1766 ART2003 PARÚNICO ART2011 ART2015 ART2177. CCIV66 ART837 ART1685 N1 N2 N3 A ART2252 N2 ART2253 ART2265 N1 N3. CPC67 ART661 N1 ART668 D ART731 N1.
Jurisprudência Nacional: ASS STJ DE 1954/10/29 IN DG 247 1954/11/05.
Sumário : I - Cessando a comunhão conjugal, por morte do marido em 1955, e chamados à herança os sobrinhos, filhos de seu irmão, o direito destes mantém-se indivisível enquanto não se fizerem as partilhas, transmitindo-se- -lhes o domínio e a posse desde o momento da morte do seu autor e gozando o cônjuge sobrevivo do usufruto, dada a qualidade desses sucessores (artigos 1121, 2015, 2177, 2011 e 2003, parágrafo único, do Código Civil de 1867). II - A falta de partilha dos bens em causa não impedia o cônjuge sobrevivo, que entretanto havia casado em segundas núpcias, de fazer uma deixa testamentária ao segundo marido, em 1972 (legando-lhe o usufruto de bens ainda não desintegrados do acervo patrimonial indiviso do primeiro matrimónio e concretizados por via indirecta), independentemente da determinação, através de partilhas, dos bens que integrariam a sua meação no casal com o primeiro marido (artigos 1685 e 2252, n. 2, do Código Civil vigente). III - O artigo 1685 não se restringe aos actos de disposição, na constância do matrimónio, dos bens do património comum, pois o seu significado transcende a letra, para projectar o que o seu espírito encerra, no sentido de abranger o direito do cônjuge sobrevivo de dispor da meação dos bens comuns indivisos do seu dissolvido casal, nada importando que, entretanto, tenha voltado a casar, consoante o...
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