Acórdão nº 087008 de Supremo Tribunal de Justiça (Portugal), 22 de Junho de 1995 (caso NULL)
Magistrado Responsável | JOAQUIM DE MATOS |
Data da Resolução | 22 de Junho de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO102 PAG262. P COELHO CURSO DIR FAM VOLII PAG360. V SERRA BMJ N108 PAG108. C GONÇALVES TRATADO VOLI PAG438.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - RECURSOS / PROC ESP.
Legislação Nacional: CCIV66 ART1775 N2 ART1778 ART2003 N1 N2 ART2004 N1 N2 ART2012 ART2013 N1 B ART2016 N1 A. CPC67 ART722 N2 ART729 N2 ART786 ART1121 N3 N4 ART1419 N1 D N2.
Jurisprudência Nacional: AC STJ DE 1980/05/07 IN BMJ N297 PAG342. AC STJ DE 1991/05/29 IN AJ N19. AC STJ DE 1963/05/07 IN BMJ N127 PAG445.
Sumário : I - Embora nestas acções de alimentos se siga o processo sumário, há lugar a resposta à reconvenção. II - O Autor não extravasa a matéria da reconvenção, se o seu conteúdo é no pedido reconvencional, limitando-se a opôr-se a este pedido a matéria correlativa, não integrando factos que constituam a causa de pedir na acção proposta. III - Tendo Autor e Ré acordado em divórcio por mútuo consentimento e que o Autor pagasse à Ré a pensão de alimentos de 70 contos mensais, não tendo nessa altura partilhado os bens do casal, o que mais tarde fizeram ficando a Ré com todos os móveis do casal e com 33 mil contos, como sua meação, as circunstâncias na altura da propositura da acção de cessação de alimentos eram absolutamente distintas das verificadas na altura do divórcio, antes da partilha, pelo que o pedido de cessação...
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