Acórdão nº 087034 de Supremo Tribunal de Justiça (Portugal), 07 de Dezembro de 1995 (caso NULL)
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 07 de Dezembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART334 ART1110 N2 N3 N4 ART1673 ART1779 N1 ART1788 ART1793 ART1905 N2 ART2016. DL 496/77 DE 1977/11/25. CONST84 ART13 N2. RAU90 ART3 N1 A ART84 N1 N2.
Jurisprudência Nacional: AC STJ DE 1980/07/19 IN BMJ N298 PAG329.
Sumário : I - Após o divórcio, não havendo acordo os ex-cônjuges na atribuição da casa morada da família, mormente quando é arrendada, há que recorrer ao tribunal que, entre o mais, terá de atender à situação patrimonial de cada um, à ocupação da casa, ao interesse dos filhos, à culpa imputada aos cônjuges no divórcio, mormente do arrendatário, ser o arrendamento anterior ao casamento e outras razões atendíveis. II - Ora, no caso presente a situação patrimonial do ex-marido é superior à da ex-mulher, ambos continuam a ocupar a casa, em...
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