Acórdão nº 063690 de Supremo Tribunal Administrativo (Portugal), 25 de Janeiro de 1972 (caso None)
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 25 de Janeiro de 1972 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR SUC.
Legislação Nacional: CCIV867 ART1759 N2 ART1858 ART1866 ART1867 ART2082. CPC67 ART19.
Jurisprudência Nacional: ASS STJ DE 1954/10/19.
Sumário : I - A legitimidade e uma posição das partes em relação ao objecto do processo, e tem de aferir-se, antes de mais, pelos termos em que o demandante configura o direito invocado e a ofensa que lhe foi feita. II - O artigo 19 do Codigo de Processo Civil pressupõe factos practicados por um dos conjugues de que emergem acções destinadas a obter decisão que obrigue os bens do outro. III - Determinar a intenção do testador, seja pelo contexto do testamento, seja por este contexto e por factos adjuvantes, representa materia de facto, da exclusiva competencia das instancias. IV - Não pode entender-se que o testador desejou clausular em sentido contrario a lei, se outro sentido e permitido pelo texto. V - O...
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