Acórdão nº 071817 de Supremo Tribunal Administrativo (Portugal), 12 de Junho de 1984 (caso None)
Magistrado Responsável | M SANTOS CARVALHO |
Data da Resolução | 12 de Junho de 1984 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART1672 ART1673 N2 ART1778 F ART1779 ART1787. CPC67 ART729 N2.
Sumário : I - Viola o dever de coabitação o cônjuge que progressivamente se vai afastando do lar conjugal deixando de nele pernoitar, a princípio esporadicamente, mas, por último, definitivamente, instalando-se em casa dos pais. II - Essa violação que pode considerar-se em certo sentido, reiterada deverá classificar-se de grave para os efeitos de dever considerar-se fundamento de divórcio, se acompanhada da divulgação pelo cônjuge que abandonou o domicílio conjugal de que não regressaria mais, por o marido não ser o homem dela. III - Para que a falta de cumprimento do dever de coabitação, traduzida aqui em abandono do lar, possa...
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