Acórdão nº 073447 de Supremo Tribunal de Justiça (Portugal), 18 de Março de 1986
Magistrado Responsável | LUIS FRANQUEIRA |
Data da Resolução | 18 de Março de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P COELHO DIR SUCES LIÇ 1973/74 PARTE1 PAG33. C SA ABUS DIR IN CTF N107 PAG615. M JULIO OBG PAG75 NOTA1.
Área Temática: DIR CIV - DIR REAIS / DIR SUC. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART432 N1 ART1412 ART2104 ART2118 ART2162 N1 ART2169 ART2174 ART2175. CRP84 ART2 N1 Y. CPC67 ART729 N2 ART1335 ART1376.
Sumário : I - Em acção de divisão de coisa comum e pressuposto do direito de pedir a divisão a qualidade de comproprietarios da coisa dividenda das partes intervenientes. II - Operada a partilha dos bens que foram doados com o onus real de colacção por morte do conjuge do donatario e a sua adjudicação em compropriedade ao viuvo e a seus filhos, e operando-se posteriormente nova partilha por morte do conjuge de um destes filhos tambem com adjudicação em compropriedade a viuva e a seus filhos, mantem-se a situação de compropriedade e a qualidade de comproprietarios dos interessados, apesar do ja verificado falecimento dos doadores e da obrigação de colação. III -...
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