Acórdão nº 079035 de Supremo Tribunal de Justiça (Portugal), 20 de Junho de 1990
| Magistrado Responsável | CURA MARIANO |
| Data da Resolução | 20 de Junho de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT.
Legislação Nacional: CCIV867 ART1565. CCIV66 ART11 ART877 N1 ART935 ART1412 ART1413.
Jurisprudência Nacional: AC STJ DE 1977/02/15 IN BMJ N264 PAG206.
Sumário : I - A proibição a que alude o artigo 877, n. 2 do Codigo Civil não e extensiva aos casos de divisão de coisa comum; II - Em acção de divisão de coisa comum, o recebimento de tornas destina-se a igualar os quinhões, não transformando a divisão em contrato de compra e venda, uma vez que nesta divisão não se tem como...
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