Acórdão nº 088145 de Supremo Tribunal Administrativo (Portugal), 13 de Fevereiro de 1996
Magistrado Responsável | MARTINS COSTA |
Data da Resolução | 13 de Fevereiro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR SUC. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV867 ART1761 ART1866 ART1870. CCIV66 ART333 ART2059 ART2887. CPC67 ART721 N2.
Sum·rio : I - Tanto no domÌnio do CÛdigo Civil de 1867 (artigo 1761) como no do actual (artigo 2187), o elemento principal de interpretaÁ„o do testamento È o seu contexto, n„o podendo valer contra ou para alÈm dele uma qualquer intenÁ„o averiguada atravÈs de prova complementar que n„o tenha nesse contexto um mÌnimo de correspondÍncia. II - Para o efeito de competÍncia do tribunal de revista, constitui matÈria de facto a determinaÁ„o da vontade real do testador, mas j· constitui matÈria de direito a interpretaÁ„o do testamento com base nos seus termos ou a verificaÁ„o daquela correspondÍncia entre a vontade do testador e o contexto do testamento (artigo 721 n. 2 do CÛdigo do Processo Civil). III - A...
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