Acórdão nº 9340582 de Court of Appeal of Porto (Portugal), 03 de Novembro de 1994
| Magistrado Responsável | FERNANDES MAGALHÃES |
| Data da Resolução | 03 de Novembro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1682-A ART1673.
Jurisprudência Nacional: AC STJ DE 1988/05/10 IN BMJ N377 PAG506.
Sumário: I - A casa de morada de família a que se refere o artigo 1682-A do Código Civil só mantem esta qualificação para os efeitos aí previstos se for e enquanto for a residência da família, nos termos do artigo 1673 do Código Civil. II - São os cônjuges que escolhem de comum acordo a residência da família e que de comum acordo, expresso ou tácito, a podem alterar. III - Se os cônjuges aceitavam fazer vida separada, ficando o marido a ocupar a casa em que residia o casal e saindo a mulher, não se provando que ela tivesse saído...
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