Acórdão nº 0027771 de Supremo Tribunal Administrativo (Portugal), 11 de Fevereiro de 1992 (caso None)
Magistrado Responsável | CORREIA DE SOUSA |
Data da Resolução | 11 de Fevereiro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A VARELA MANUAL DE PROCESSO CIVIL 1984 PAG162.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: L 35/81 DE 1981/08/27 ARTUNICO. CPC67 ART19. CCIV66 ART1793 ART1110.
Sumário: I - Verifica-se da própria letra da lei - n. 35/81, de 27 Agosto, artigo único - que esta não exige a existência real de uma casa de morada de família, bastando-se com a existência hipotética duma mesma casa. II - O que a lei pretende é assegurar a defesa dos direitos que só por ambos os cônjuges possam ser alienados, tal como o direito ao arrendamento da casa de morada de família, nos termos do art. 1682 b), C. Civil. III - Note-se que a lei nem sequer exige que a acção tenha por objecto directamente a casa de morada de família, bastando que o tenha indirectamente. IV - No caso vertente, está provado que o arrendamento se destinou a habitação e que o locatário é casado. V - Tanto basta para que haja a familiaridade de o local arrendado constituir a casa de morada de família dos cônjuges, pelo que estes deverão intervir ambos na causa para que possam defender o direito ao arrendamento da sua hipotética casa de família. VI - Pouco importa que os cônjuges estejam actualmente separados de facto, como acontece no caso concreto, pois isso não impede a possibilidade da existência da casa de morada de família. VII - A protecção que a lei concede à casa de morada de família está bem contida no disposto nos arts. 1793 e 1110 do C. Civil, este último...
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