Acórdão nº 078132 de Supremo Tribunal Administrativo (Portugal), 07 de Novembro de 1989 (caso None)
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 07 de Novembro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: B MACHADO LIÇÕES DE DIR INT PRIV PAG261 PAG263.
Área Temática: DIR CIV - TEORIA GERAL / DIR SUC. DIR CONST - DIR FUND.
Legislação Nacional: CCIV66 ART22 ART62 ART2133 N3. CONST82 ART15 ART36 ART67.
Sumário : I - O ordenamento jurídico português protege a sucessão da viúva ou viúvo, sendo que a tendência do legislador tem sido nos últimos anos, de alargamento de tal protecção. II - Assim é que o actual Código Civil considera o cônjuge viúvo herdeiro legitimário, concorrendo à sucessão com os descendentes e ascendentes. III - Aliás, esta solução legislativa apenas consagra um sentimento dominante na sociedade portuguesa de protecção, pelo instituto da sucessão, do cônjuge. IV - A lei sucessória aplicável a um cidadão espanhol, residente habitualmente em Portugal, casado em comunhão geral de bens com uma portuguesa de quem se encontrava separado judicialmente de pessoas e bens, é a lei da nacionalidade do "de cuius" e não a "lexfori". V - Não é qualquer divergência entre o direito interno e a lei estrangeira, designadamente a circunstância de, na lei espanhola, a separação judicial de pessoas e bens não obstar, contrariamente ao que sucede na lei portuguesa, a que o cônjuge mantenha o seu direito à herança do outro cônjuge, que possa justificar a exclusão da lei espanhola, pois que, para que tal suceda, essa...
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