Acórdão nº 079437 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 1990 (caso NULL)
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 05 de Julho de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1337 ART1688 ART1689 N1 N2 N3 ART1732 ART1733 ART1753 ART1789 N1 N3 ART1790. CPC67 ART1052 ART1327 N4 ART1351 ART1373 ART1395 ART1404 N1.
Sumário : I - So não ha necessidade de proceder a inventario quando o regime de bens do casal for o de separação (artigo 1404, n. 1 do Codigo Civil). II - Dado que o regime de compropriedade tem regras proprias para por termo a indivisão, que e a acção de divisão de coisa comum, esta não esta pendente da existencia de divorcio, porque se trata de relações patrimoniais independentes do casamento. III - No regime de separação cada um dos esposados conserva o dominio e função de todos os seus bens presentes e futuros, podendo dispor deles livremente. IV - O inventario não se destina apenas a dividir os bens comuns dos conjuges, mas a liquidar as responsabilidades mutuas e bem assim as dividas do casal, quer as comunicaveis, quer as não comunicaveis, o que supõe, em qualquer dos casos, a relacionação dos bens...
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