Acórdão nº 073779 de Supremo Tribunal de Justiça (Portugal), 17 de Junho de 1986
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 17 de Junho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT / DIR SUC.
Legislação Nacional: CCIV66 ART334 ART938 N1 ART958 ART962 ART2286 ART2290. CRP84 ART98.
Sumário : I - O Codigo Civil de 1867 admitia ja as substituições fideicomissarias, considerando-as com clausulas de reversão em beneficio de terceiros, doutrina que ainda hoje se deve ver consolidada, em face da noção de fideicomisso do artigo 2286 do Codigo vigente. II - O artigo 2290 do Codigo Civil tem de ser interpretado em conjunto com os artigos 958, 962 e 2286 e seguintes, não resultando dessa interpretação qualquer incompatibilidade entre eles. III - Se o legislador pretendesse afastar o artigo 958 sempre que se tivesse feito uso do artigo 962 e vice-versa, te-lo-ia expressamente regulamentado pelo que, não o tendo feito, temos que nos servir do espirito da lei e da unidade do sistema. IV - Da analise dos artigos 958, 962 e 2290, todos do Codigo Civil, não resulta que, todas as vezes que numa doação se estabeleça uma clausula de substituição fideicomissaria, fica impedida a...
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