Acórdão nº 0409413 de Court of Appeal of Porto (Portugal), 05 de Julho de 1990
Magistrado Responsável | PAIS DE SOUSA |
Data da Resolução | 05 de Julho de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL. DIR OBG - DIR FAM.
Legislação Nacional: CCIV66 ART239 ART334 ART280 ART762 N2 ART1714 N1. CNOT67 ART89 A P.
Sumário: I - Como resulta da lei, nem sempre as questões podem e devem ser decididas à luz dum critério formal. II - Para que todos os interessados se protegessem de uma triste publicidade causada pela ré, esta fez uma declaração formal de renúncia à meação dos bens do casal. Renúncia essa constante de um contrato-promessa de partilha, a ter lugar depois de consumado o divórcio por mútuo consentimento. III - Admite-se que essa renúncia não obedeceu à forma estabelecida no artigo 89 alíneas a) e p) do Código do Notariado, o que envolveria a nulidade prescrita no artigo 220 do Código Civil. IV - Mas, no caso " sub judice", o princípio da nulidade do acordo celebrado, por não observar a forma legal, tem de ser visto à luz do que determinam os artigos 239 e 762 número 2 do Código Civil. E o mesmo se diga em relação às consequências da estrita aplicação do princípio das convenções antenupciais. V - Na falta da disposição especial, a declaração negocial deve ser integrada de harmonia com a vontade de que as partes teriam...
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