Acórdão nº 0011647 de Court of Appeal of Porto (Portugal), 02 de Julho de 1976
| Data | 02 Julho 1976 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: PEREIRA COELHO IN BMJ N251 PAG34.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART217 ART1778 N1 H ART1792. D DE 1910/11/03 ART4. DL 261/75 DE 1975/05/27 ART1.
Jurisprudência Nacional: AC STJ DE 1962/12/07 IN BMJ N122 PAG580.
Sumário: I - O divórcio pode ser requerido com fundamento na separação de facto livremente consentida, durante cinco anos consecutivos, (alínea h) do artigo 1778, com a redacção que lhe foi dada pelo Decreto-Lei n. 261/75 de 27 de Maio). II - A expressão "livremente consentida" significa que a separação foi aceite pelos cônjuges ou concordada, e que não foi extorquida. Tal expressão deve ser interpretada de forma a abranger não só a separação acordada entre os cônjuges, mas também a que foi determinada pela conduta de um deles e foi aceite pelo outro, na medida que com...
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