Acórdão nº 9230133 de Court of Appeal of Porto (Portugal), 05 de Janeiro de 1993
Data | 05 Janeiro 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. NEGADO PROVIMENTO. PROVIDO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART675 ART710 ART735 ART1341 N2 ART1342 N2 N3 ART1373 N3 ART1397 N1 ART1404. CCIV66 ART1722 N1 A B C ART1723 ART1724 ART1725 ART1726 ART1732 ART1790.
Jurisprudência Nacional: AC RL DE 1981/03/06 IN CJ ANOVI T2 PAG160. AC RC DE 1990/01/16 IN CJ ANOXV T1 PAG86.
Sumário: I - Impossibilitado o juiz, porque as partes não produziram prova, de decidir sobre as questões postas pelos interessados, deve ressalvar expressamente aos interessados o recurso ao processo comum. II - Ao sancionar o cônjuge declarado único ou principal culpado com a aplicação do regime de partilha concretamente mais favorável aos interesses do cônjuge inocente ou menos culpado, o artigo 1790, do Código Civil não altera o regime matrimonial. III - Não é, por isso, necessariamente aplicável à partilha uma sanção, o regime da comunhão de adquiridos, o qual só se aplica se o regime convencionado ou legalmente fixado for mais...
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