Acórdão nº 067083 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1978 (caso NULL)
Magistrado Responsável | ALVES PINTO |
Data da Resolução | 09 de Março de 1978 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - DIR FAM. DIR PROC CIV. DIR TRIB - DIR CUSTAS JUD.
LegislaÁ„o Nacional: CPC67 ART646 N3. DL 561/76 DE 1976/07/17 ART5. CCIV66 ART12 ART1778 N1 H ART1779 N1. DL 261/75 DE 1975/05/27. L DE 1910/11/03 ART4 N8.
JurisprudÍncia Nacional: AC STJ DE 1974/12/03 IN BMJ N242 PAG212. AC STJ DE 1975/05/23 IN BMJ N247 PAG176. AC STJ DE 1965/10/01 IN BMJ N150 PAG185. AC STJ DE 1962/12/06 IN BMJ N122 PAG580. AC STJ DE 1969/04/25 IN BMJ N186 PAG220. AC STJ DE 1977/05/12 IN BMJ N267 PAG157. AC STJ DE 1974/10/01 IN BMJ N240 PAG230. AC STJ DE 1971/04/16 IN BMJ N206 PAG82.
Sum·rio : I - Os elementos constitutivos do fundamento " separaÁ„o de facto livremente consentida " tal como o define a alinea h) do n. 1 do artigo 1778 do Codigo Civil, segundo a alteraÁ„o do Decreto-Lei n. 261/75, de 27 de Maio, s„o: a quebra de convivencia entre os conjuges, a perduraÁ„o dessa situaÁ„o de facto durante cinco anos consecutivos e o livre consentimento dos conjuges...
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