Legado
| Autor | Helder Martins Leitão |
| Cargo do Autor | Advogado |
| Páginas | 175 |
Page 175
s.m. (lat. legatu).
s.c.: dom, feito por testamento.
Quando do valor constante da relação de bens resulte que a doação ou o legado são inoficiosos, pode o donatário ou o legatário requerer avaliação dos bens doados ou legados ou de quaisquer outros que ainda o não tenham sido.
Pode também o donatário ou legatário requerer a avaliação de outros bens da herança quando só em face da avaliação dos bens doados ou legados e das licitações se reconheça que a doação ou legado tem de ser reduzida por inoficiosidade.
A avaliação pode ser requerida até ao exame do processo para a forma da partilha.
Remissões:
arts. 1353.º/3, 1359.º/1, 1364.º/1, 1366.º a 1368.º, 1374.º a 1376.º e 1383.º/1 C.P.C..
Jurisprudência:
Ac. S.T.J., de...
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