Acórdão nº 078117 de Supremo Tribunal Administrativo (Portugal), 03 de Outubro de 1989 (caso None)
| Magistrado Responsável | BROCHADO BRANDÃO |
| Data da Resolução | 03 de Outubro de 1989 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT / DIR FAM. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CCIV66 ART1110 N2 N3 ART1682 B ART1793. L 35/81 DE 1981/08/27. DL 496/77 DE 1977/11/25. LOTJ87 ART60.
Jurisprudência Nacional: AC STJ DE 1975/06/17 IN BMJ N248 PAG431.
Sumário : I - A "casa de morada da família" em sentido genérico, constitue um bem "da família", sujeito a fortes condicionantes quanto à sua mobilidade - artigo 1682 alínea b) do Código Civil. II - Mas essa "casa" pode ser própria de um ou ambos os cônjuges, como pode preencher-se num direito ao arrendamento de que também podem ser titulares os dois como um só. Na primeira hipótese, vale o artigo 1793 do Código Civil e, na segunda, o n. 2 do seu artigo 1110. III - Em ambas as vertentes, a acção para atribuição dessa casa de morada de...
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