Acórdão nº 085990 de Supremo Tribunal Administrativo (Portugal), 09 de Março de 1995 (caso None)
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 09 de Março de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART236 ART238. CCIV867 ART684 ART1096 ART1109 PARÚNICO ART1125 ART1126 ART1130 ART1131 ART1133.
Jurisprudência Nacional: AC STJ DE 1960/03/18 IN BMJ N95 PAG255. AC STJ DE 1970/03/03 IN BMJ N195 PAG184. AC STJ DE 1993/04/29 IN CJ ANOI TII PAG73. AC STJ PROC84993 DE 1994/05/26. AC STJ PROC85580 DE 1994/11/03. AC STJ PROC85768 DE 1994/11/30.
Sumário : I - No Código de Seabra, quanto ao regime de bens no casamento, estabeleciam-se quatro regimes convencionais tipos: comunhão geral de bens, simples comunhão de adquiridos, separação absoluta e regime dotal. II - O regime de simples comunhão de adquiridos, regulado nos artigos 1130 a 1133, vigora em três casos, sendo um deles o das "esposas declararem que querem casar com separação de bens" porque nessa hipótese diz o artigo 1125 que "... não se haverá por excluida a comunhão de adquiridos sem expressa declaração" e, além disso, porque o artigo 1126 manda expressamente aplicar, em tal caso, as disposições dos artigos 1130, 1131 e 1132. III - O regime de separação absoluta de bens vigora em três casos, sendo um deles quando os nubentes expressamente o estipularem, não bastando que declarem que pretendem casar-se com...
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