Acórdão nº 081081 de Supremo Tribunal de Justiça (Portugal), 06 de Fevereiro de 1992 (caso NULL)
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 06 de Fevereiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART342 N2 ART1110 N2 N3.
Jurisprudência Nacional: AC STJ DE 1987/04/02 IN RLJ ANO122 PAG207.
Sumário : I - A casa da morada de familia deve ser atribuida ao conjuge que maior necessidade tenha dela. II - Os diversos factores mencionados a titulo exemplificativo no n. 2 do artigo 1110 do Código Civil não são mais que elementos reveladores daquela maior necessidade. III - A qualidade de arrendatario não constitui motivo de preferencia na atribuição do arrendamento, ate porque isso se deve muitas vezes a razões fortuitas ou de respeito pela tradição. IV - O facto de a requerente viver com a filha noutro andar do mesmo...
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