Acórdão nº 9420168 de Court of Appeal of Porto (Portugal), 27 de Setembro de 1994
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 27 de Setembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART240 N1 N2 ART394 N1 N2.
Sumário: I - Não obstante o disposto no artigo 394, n. 2 do Código Civil, quando há um começo de prova documental que torna verosímil a invocada simulação, deve admitir-se a produção de prova testemunhal pelos próprios simuladores para complementar aquela prova, se a simulação foi alegada por algum destes. II - Se autor e ré, divorciados por mútuo consentimento, outorgaram, cerca de um mês depois do trânsito da respectiva sentença, escritura de partilha em que os dois bens imóveis abrangidos são atribuídos à ré, consignando-se que o autor já recebeu as respectivas tornas e, na mesma data, a ré passa procuração, com a condição de irrevogabilidade, conferindo ao autor amplos poderes relativamente à disposição daqueles dois bens imóveis...
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