Acórdão nº 9251015 de Court of Appeal of Porto (Portugal), 09 de Março de 1993
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 09 de Março de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR MENORES. DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1877 ART1901 ART1903 ART1904 ART1905 ART1907 N1 ART1908 ART1911 ART1912 ART1909 ART1918 ART1919 N1 N2 ART1913 ART1921 N1 B. CONST76 ART36. OTM78 ART180 N3.
Sumário: I - Falecendo o progenitor a cuja guarda se encontrava o menor por acordo homologado por sentença, deve observar-se o disposto no artigo 1904 do Código Civil. II - Não pode, por isso, em tal situação, atribuir-se aos pais do progenitor falecido a titularidade do respectivo poder paternal. III - Tão pouco pode, nesse caso, atribuir-se aos avós do menor a custódia deste, ainda que o menor tenha vivido na mesma...
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