Acórdão nº 072673 de Supremo Tribunal Administrativo (Portugal), 10 de Outubro de 1985 (caso None)
Magistrado Responsável | LUIS GARCIA |
Data da Resolução | 10 de Outubro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CIT V SERRA BMJ N75 PAG270 NOTA.
Área Temática: DIR PROC CIV - PROC INVENT.
Legislação Nacional: CCIV66 ART551 ART1109. CPC67 ART1365 N3 C.
Jurisprudência Nacional: AC STJ DE 1984/02/22 IN BMJ N334 PAG488.
Sumário : I - A doação com entrada em dinheiro, como no caso dos autos, essa entrada e de sua natureza encargo que deve ser abatido ao valor dos bens doados e susceptiveis de serem actualizados - artigos 2109 e 551 do Codigo Civil, pois constitui uma diminuição do valor da doação, uma restrição, e so tal quantia terão os donatarios que repor e não outra. II - Ora, tal quantia não excede metade do valor do predio da verba n. 1, pelo que se esta caido na situação da alinea c) do n. 3 do artigo 1365 do Codigo de Processo Civil, faculdade de o donatario escolher...
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