Acórdão nº 068355 de Supremo Tribunal Administrativo (Portugal), 28 de Fevereiro de 1980 (caso None)
Magistrado Responsável | ALVES PINTO |
Data da Resolução | 28 de Fevereiro de 1980 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: VAZ SERRA IN BMJ N110 PAG114. MANUEL ANDRADE IN NOÇÕES ELEMENTARES DE PROCESSO CIVIL PAG185.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART61 ART65 A B ART75. CCIV66 ART342 ART343 ART1671 ART1778 B. DL 561/76 DE 1976/07/17.
Jurisprudência Nacional: AC STJ DE 1978/03/02 IN BMJ N275 PAG115.
Sumário : I - O facto invocado como causa de pedir - separação de facto por seis anos consecutivos - ocorre no domicilio conjugal se um dos conjuges, violando os deveres legais de coabitação e assistencia material e moral, se afastou daquele domicilio manifestando o proposito de liquidar a convivencia conjugal. Não tendo o autor residencia nem domicilio em Portugal, e de aplicar a regra geral da competencia territorial fixada no artigo 85 do Codigo de Processo Civil que aponta como tribunal competente o do domicilio do reu. II - Salvo nos casos...
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