Acórdão nº 9550052 de Court of Appeal of Porto (Portugal), 26 de Junho de 1995
Magistrado Responsável | MARQUES PEIXOTO |
Data da Resolução | 26 de Junho de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - PROC ESP.
Legislação Nacional: OTM78 ART186. CPC67 ART388 ART1412 N1 ART199 N1 N2 ART668 N1 D E N3. CCIV66 ART1578 N1 ART1885 N1 ART1880.
Sumário: I - À pretensão da fixação de alimentos definitivos devidos a um filho de maioridade, mesmo que se pretenda pedir desde logo a fixação de pensão provisória ao abrigo do disposto no artigo 2007 do Código Civil, corresponde o meio processual consagrado nos artigos 186 e seguintes da Organização Tutelar de Menores e não o processo de providência cautelar previsto nos artigos 388 e seguintes do Código de Processo Civil. II - Tendo o pedido formulado sido limitado à fixação de uma pensão provisória, em sede de procedimento cautelar mas tendo seguido com tramitação correspondente a que deveria ter sido adoptada e nada havendo por isso a anular, mas, havendo-se fixado na decisão alimentos definitivos, ocorrem na decisão as nulidades das alíneas d) e e) do artigo 668 n.1, do Código Civil, que se sanam se não forem, como não foram invocadas. IIII - São devidos pelo pai alimentos a uma filha de maioridade, orfã de...
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