Acórdão nº 082098 de Supremo Tribunal Administrativo (Portugal), 11 de Junho de 1992 (caso None)
| Magistrado Responsável | MAXIMO GUIMARAES |
| Data da Resolução | 11 de Junho de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART2003 N1 ART2004 ART2009 ART2020. DL 496/77 DE 1977/11/25. CPC67 ART690.
Jurisprudência Nacional: AC STJ DE 1985/06/08 IN BMJ N348 PAG428.
Sumário : I - Para existir o direito a alimentos, nos termos do n. 1 do artigo 2020 do Codigo Civil serão necessarios (alem da carencia deles) as seguintes condições: a) que a pessoa que se arroga esse direito tenha vivido com a pessoa falecida ha mais de dois anos contados a partir do momento da morte desta; b) que essa convivencia tenha sido "more uxorio", ou seja, que se tenha formado em condições analogas as dos conjuges; c) que a pessoa com quem viveu fosse não casada ou separada judicialmente de pessoas e bens; d) que não lhe seja possivel obter os alimentos de que carece do conjuge ou ex-conjuge, de descendentes, de ascendentes ou de irmãos (alineas a) a d) do...
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