Acórdão nº 0043476 de Supremo Tribunal Administrativo (Portugal), 04 de Junho de 1992
| Magistrado Responsável | FLORES RIBEIRO |
| Data da Resolução | 04 de Junho de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART474. CCIV66 ART1793.
Sumário: I - Havendo divórcio e necessidade de atribuição da casa que foi de morada de família, duas soluções são possíveis, se o prédio é bem comum ou próprio do outro ex-conjuge: ou se atribui pura e simplesmente o direito de uso e habitação a um deles ou o Tribunal o atribui em virtude de contrato de arrendamento,nos termos do artigo 1793 do Código Civil. II - Tendo havido acordo na atribuição da casa de morada de família e não havendo qualquer razão que impeça ou ponha em perigo o uso e habitação de tal casa, não se vê que haja fundamento legal para que agora se venha pedir...
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