Acórdão nº 0046291 de Supremo Tribunal Administrativo (Portugal), 12 de Novembro de 1991 (caso None)
| Magistrado Responsável | ADELINO GONÇALVES |
| Data da Resolução | 12 de Novembro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT / DIR FAM. DIR MENORES.
Legislação Nacional: CCIV66 ART1110 N3. CPC67 ART1409 N2.
Sumário: I - Muito embora a lei não haja regulado o incidente de Atribuição de casa de morada de família nos processos de jurisdição voluntária, em que o Tribunal pode investigar livremente os factos, coligir provas, ordenar inquéritos e recolher informações (artigo 1409 n. 2 do Código Civil) a verdade é que acabou por consagrar regime semelhante no n. 3 do artigo 1110 do Código Civil ao referir-se a "quaisquer outras razões atendíveis". Predomina, pois, aqui, a equidade sobre a legalidade. II - Muito embora a Requerente, relativamente ao Requerido ex-...
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