Acórdão nº 063686 de Supremo Tribunal de Justiça (Portugal), 30 de Novembro de 1971
| Magistrado Responsável | J SANTOS CARVALHO |
| Data da Resolução | 30 de Novembro de 1971 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR FAM / TEORIA GGERAL.
Legislação Nacional: CCIV66 ART342 N2 ART1671 ART1673 ART1778 F ART1779 ART1780 ART1783 ART1804 N2 N3. CPC67 ART239 N1 ART293 N3.
Jurisprudência Nacional: AC STJ DE 1971/07/23 IN BMJ N209 PAG155.
Sumário : I - O abandono completo do lar conjugal, para os efeitos do artigo 1778, alinea f), do Codigo Civil, consiste na saida voluntaria do conjuge do seu lar com o proposito de romper a convivencia conjugal e sem o assentimento, expresso ou tacito, do outro conjuge. II - Como facto impeditivo do direito de o conjuge abandonado requerer a separação de pessoas e bens, e ao reu que, nos termos do artigo 342, n. 2, do Codigo Civil, incumbe o onus de provar que a sua saida do lar foi justificada ou consentida pelo...
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