Acórdão nº 9850764 de Court of Appeal of Porto (Portugal), 29 de Junho de 1998
| Magistrado Responsável | SIMÕES FREIRE |
| Data da Resolução | 29 de Junho de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR JUDIC - ORG COMP TRIB. DIR CIV - DIR FAM. DIR SEG SOC.
Legislação Nacional: DRGU 1/94 DE 1994/01/18 ART5. DL 96/92 DE 1992/05/23 ART4 N2. CCIV66 ART2009 ART2020.
Jurisprudência Nacional: AC STA DE 1996/03/14 IN BMJ N455 PAG222. AC STJ DE 1991/07/11 IN BMJ N411 PAG565.
Sumário: I - O tribunal judicial é materialmente incompetente para fixar a pensão de sobrevivência requerida contra o Centro Nacional de Pensões por pessoa que tenha vivido com o falecido na situação de cônjuge, cabendo ao foro administrativo decidir o litígio. II - Ao tribunal judicial cabe...
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