Acórdão nº 077101 de Supremo Tribunal de Justiça (Portugal), 15 de Junho de 1989
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 15 de Junho de 1989 |
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 ART292 ART2187 N1 ART2188 ART2230 ART2232 ART2286 ART2290 ART2291 ART2295 ART2296. CCIV867 ART1761. CPC39 ART722 PAR2. CPC67 ART722 N2.
Jurisprudência Nacional: ASS STJ DE 1954/10/19 IN BMJ N54 PAG152. AC STJ DE 1972/01/25 IN BMJ N213 PAG250. AC STJ DE 1972/12/07 IN BMJ N222 PAG429. AC STJ DE 1979/06/04 IN BMJ N284 PAG426. AC STJ DE 1979/12/18 IN BMJ N292 PAG374. AC STJ DE 1982/01/19 IN BMJ N313 PAG313.
Sumário : I - A doutrina do Assento de 19 de Outubro de 1954 mantem-se em vigor, não so porque o preceito do artigo 2187, n. 1, do Codigo Civil actual não difere do preceito correspondente do artigo 1761 do Codigo de Seabra, mas ainda porque o seu objectivo era tomar posição sobre a distinção entre materia de facto e materia de direito, questão de grande importancia processual, designadamente quanto a competencia do Supremo Tribunal de Justiça. II - A determinação da vontade do testador constitui materia de facto. III - Tendo o testador, falecido sem descendentes nem ascendentes, legado em propriedade a sua mulher a metade indivisa de um imovel - comprado na constancia do casamento, celebrado no regime de comunhão de adquiridos e IV - Autorizando-a a dispor dela por acto entre vivos, sem limitação de qualquer...
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