Acórdão nº 0061641 de Court of Appeal of Lisbon (Portugal), 24 de Novembro de 1992
Magistrado Responsável | SOUSA INES |
Data da Resolução | 24 de Novembro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1672 ART1673 ART1779 ART1787. CPC67 ART646.
Sumário: I - Em questão de divórcio, "abandono do cônjuge e da casa morada de família" é um conceito de direito. Este conceito jurídico é integrado pela saída da casa de morada de família, pelo carácter voluntário de tal saída contrária à vontade do outro cônjuge e o propósito do cônjuge que sai de, com tal atitude, pôr termo à comunhão de vida. Se o tribunal colectivo responde afirmativamente a quesito em que se pergunta apenas se dado cônjuge abandonou o outro e a casa de morada de família, está a usurpar a competência do julgador de direito o que é sancionado nos termos do artigo 646 do CPC: tem-se por não escrita tal resposta. II - A resposta do tribunal colectivo da qual se alcança que um dos cônjuges teve um...
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