Acórdão nº 9631282 de Court of Appeal of Porto (Portugal), 27 de Fevereiro de 1997
| Magistrado Responsável | SALEIRO DE ABREU |
| Data da Resolução | 27 de Fevereiro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1909. OTM78 ART181 N1 ART189.
Jurisprudência Nacional: AC STJ DE 1979/10/02 IN BMJ N290 PAG407. AC RL DE 1979/12/13 IN BMJ N293 PAG440. AC RP DE 1984/10/30 IN BMJ N341 PAG477.
Sumário: I - Existe separação de facto entre cônjuges, justificativa da regulação do exercício do poder paternal em relação aos respectivos filhos menores, quando entre eles, vivendo embora sob o mesmo tecto, cessou a comunhão da vida que caracteriza o casamento, antes se comportando como estranhos e evidenciando o propósito de manterem tal situação. II - O incidente de incumprimento previsto no artigo 181 da Organização Tutelar de Menores de 1978 ocupa-se...
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