Acórdão nº 0001726 de Court of Appeal of Lisbon (Portugal), 12 de Fevereiro de 1998
| Magistrado Responsável | SALVADOR DA COSTA |
| Data da Resolução | 12 de Fevereiro de 1998 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CONST76 ART67 N1. CCIV66 ART1682 N2 ART1682-B B ART1775 N2 N3 ART1778 ART1793 ART2103-A ART2103-C.
Jurisprudência Nacional: AC STJ DE 1988/05/10 IN BMJ N377 PAG506. AC STJ DE 1997/01/28 IN CJSTJ ANOV T1 PAG74.
Sumário: I - O regime da casa de morada da família plasmado em vários artigos do CC é o desenvolvimento natural do disposto no n. 1 do art. 67 da Constituição de 1976. II - Em princípio a separação de facto entre os cônjuges não faz extinguir o direito à casa de morada de família, mantendo-se as limitações legais à denúncia por parte do cônjuge locatário. III - O comportamento dos cônjuges posterior à separação de facto pode, no entanto, descaracterizar a casa de morada de família. IV - Tal descaracterização...
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