Acórdão nº 9320660 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1994
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 01 de Fevereiro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART706 N2 ART639 N2 ART137 ART712 N1 A. CCIV66 ART376 N1 N2 ART374 ART375 ART1722 N1 ART1789 N1 ART1790 ART1791 N1 ART2132 ART2133 N1 A B ART2139 N1 ART2142 N1 ART2157.
Jurisprudência Nacional: AC RL DE 1981/03/06 IN CJ ANOVI T2 PAG160. AC RC DE 1990/01/16 IN CJ ANOXV T1 PAG86. AC RP DE 1991/01/15 IN BMJ N403 PAG483.
Sumário: I - A previsão do artigo 712 nº 1 alíneas a) e b) do Código de Processo Civil não cobre os casos de respostas baseadas em prova testemunhal não reproduzida nos autos, nem aqueles para prova de cuja matéria de facto tenham sido apresentados documentos particulares, contendo declarações da parte a quem o respectivo facto seria favorável ou de quem actuou como seu solicitador, tendo sido essa parte quem os apresentou. II - O artigo 1790 do Código Civil deve ser interpretado no sentido de não poder o ex-cônjuge que na sentença que decretou o divórcio foi declarado único ou principal culpado receber, em partilha, um valor superior ao que receberia se o regime de bens que vigorou entre ambos tivesse sido o de simples comunhão de adquiridos - a menos que se venha a mostrar que, no caso concreto, o regime da comunhão geral é o que menos favorece esse ex-cônjuge. III - Esse efeito do divórcio é um dos efeitos patrimoniais que o artigo 1789 nº 1 do Código Civil faz retrotrair à data da propositura da respectiva acção. IV - Não se inclui nos " benefícios " a que alude o artigo 1791 nº 1 do Código Civil o direito à indemnização que o cônjuge culpado tem a receber do outro cônjuge em resultado de uma sentença que condenou este a pagar àquele o correspondente a metade do valor...
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