Acórdão nº 0029386 de Supremo Tribunal Administrativo (Portugal), 04 de Julho de 1991 (caso None)
| Magistrado Responsável | MESQUITA E MOTA |
| Data da Resolução | 04 de Julho de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: A VARELA DIREITO DA FAMÍLIA PAG412. VAL SERRA IN RLJ ANO107 PAG437.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1675 N2 N3 ART1782 N1 ART2003 N1 ART2006 ART2012 ART2013 N1 B ART2015.
Jurisprudência Nacional: AC STJ DE 1981/02/25 IN BMJ N304 PAG437.
Sumário: I - Apesar de os cônjuges habitarem a mesma casa, há separação de facto entre eles para os efeitos do artigo 1675 n. 2 e 3 do C. Civil quando deixou de existir comunhão de vida e há o manifesto propósito de a não restabelecer. II - No domínio da legislação posterior à reforma introduzida pelo DL 496/77 de 25 de Novembro, existindo separação de facto, ao cônjuge demandado em acção de alimentos incumbe provar que o demandante foi o único e principal culpado da separação se quiser eximir-se à obrigação de...
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