Acórdão nº 0074531 de Supremo Tribunal Administrativo (Portugal), 12 de Abril de 1994
Magistrado Responsável | GUILHERME IGREJA |
Data da Resolução | 12 de Abril de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1793.
Jurisprudência Nacional: AC STJ DE 1987/04/02 IN BMJ N366 PAG502. AC RC DE 1985/07/02 IN CJ ANO1985 T4 PAG51.
Sumário: I - Fazendo a casa de morada de família parte do património comum do ex-casal, impõe-se que a correspondente atribuição a um dos ex-cônjuges se efective mediante a constituição de arrendamento. II - A insuficiência de rendimentos de ambos os ex-cônjuges para solucionar o problema da nova habitação não conduz, necessariamente, à impossibilidade de atribuição a um deles, mediante arrendamento, da casa de morada de família...
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