Acórdão nº 067696 de Supremo Tribunal Administrativo (Portugal), 08 de Maio de 1979
Magistrado Responsável | HERNANI LENCASTRE |
Data da Resolução | 08 de Maio de 1979 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. REVOGADA A DECISÃO.
Indicações Eventuais: PIRES LIMA E VARELA CCIV ANOTADO VOL4 PAG291. PEREIRA COELHO CURSO DIREITO FAMÍLIA VOL2 PAG69.
Área Temática: DIR CIV - DIR FAM. DIR COM - REGISTOS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N1 N3 ART350 N1 N2 ART1673 N1 ART1674 ART1676 ART1677 ART1678 N2 A N3 ART1691 N1 N2 A B C D ART1695 N2 ART1711 N1. CCOM888 ART15 ART49 N2 ART57. DL 363/77 DE 1977/09/02. DL 496/77 DE 1977/11/25. RRC59 ART3.
Jurisprudência Nacional: ASS STJ DE 1942/12/18 IN DG IS DE 1943/01/02.
Sumário : I - São da responsabilidade de ambos os cônjuges as dívidas contraídas por qualquer deles no exercício do comércio, salvo se se provar que não foram contraídas em proveito comum do casal ou se entre os cônjuges vigorar o regime de separação de bens. II - No regime de separação de bens, compete à mulher, em princípio, a administração dos seus bens. III - Independentemente do regime de bens, a obrigação de ocorrer aos encargos normais da vida familiar cabe a qualquer dos cônjuges. IV - No regime de separação de bens, a responsabilidade de ambos os cônjuges pelas dívidas contraídas para ocorrer aos encargos normais da vida familiar não é solidária. V - A expressão "dívidas contraídas para ocorrer aos encargos normais da vida familiar" abrange as dívidas contraídas no exercício do governo doméstico, como sejam as que resultam de despesas de alimentação, vestuário...
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