Acórdão nº 0077541 de Supremo Tribunal Administrativo (Portugal), 26 de Abril de 1994 (caso None)
Magistrado Responsável | BETTENCOURT FARIA |
Data da Resolução | 26 de Abril de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR MENORES. DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART2003 ART2004. OTM78 ART123.
Jurisprudência Nacional: AC RE DE 1977/03/31 IN CJ TII PAG342. AC STJ DE 1980/05/07 IN BMJ N297 PAG342.
Sumário: I - Na fixação de alimentos devidos a menor, filho de pais separados, ter-se-á presente o disposto nos arts. 2003 e 2004 do CC, mas o tribunal julgará de harmonia com a equidade, segundo os critérios de um bom pai de família, e já que aos processos tutelares cíveis é aplicável a regra do art. 1410 do CPC ex vi art. 123 da OTM, e por ela considerar estes processos como de jurisdição voluntária (ac re de 31/03/77 in cj TII pag. 342). II - Na fixação de alimentos há que ter em conta não só as necessidades primárias do...
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