Acórdão nº 064212 de Supremo Tribunal Administrativo (Portugal), 21 de Novembro de 1972 (caso None)
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 21 de Novembro de 1972 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ALTERADA A DECISÃO Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: L 2088 DE 1957/06/03 ART5. DL 49368 DE 1969/11/10 ART53 N2 B. CPC67 ART20 ART510 N1 C. EJ62 ART184. CCIV867 ART224 N17 ART321 ART327 ART1128 ART1129 N4 ART1193.
Sumário : I - Tendo a tutela sido deferida a mulher do interdito por demencia, e sendo o regime de bens do casamento o de separação absoluta, podia ela, em representação do marido, outorgar um contrato - promessa de arrendamento de um predio urbano deste, sem necessidade de autorização do conselho de familia (Codigo Civil de 1867, artigo 327, com referencia ao artigo 1127). II - A mulher podia assumir, em seu proprio nome e solidariamente com o marido, a responsabilidade pelo cumprimento das obrigações para este derivadas do aludido contrato, devendo entender-se, dado aquele regime de bens, que por essa obrigação respondem os bens proprios dela, cuja livre alienação lhe e permitida pelo artigo 1128 do citado Codigo (artigo 1129, n. 4). III - Embora tenha...
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