Acórdão nº 9230580 de Court of Appeal of Porto (Portugal), 20 de Outubro de 1992
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 20 de Outubro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1110 N2 N3 ART12 N1 N2. RAU ART84 N1 N2.
Jurisprudência Nacional: AC STJ DE 1980/06/19 IN BMJ N298 PAG329. AC STJ DE 1988/07/05 IN RJ N47 PAG23. AC STJ DE 1987/04/02 IN BMJ N366 PAG502.
Sumário: I - Na atribuição da casa de morada de família a um dos ex-cônjuges divorciados ou separados o sentido de equidade do juiz deve assentar na ponderação dos factores referidos no artigo 1110 do Código Civil ( agora Regime do Arrendamento Urbano, artigo 84, nº 2 ) com referência ao caso concreto. II - De tais factores emerge o princípio de que deve predominar o interesse daquele dos ex-cônjuges que mais prementemente carece da casa quer no plano da sua situação patrimonial quer no do...
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