Acórdão nº 069853 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1982
Data | 18 Fevereiro 1982 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM / DIR CONTRAT.
Legislação Nacional: CCIV66 ART1110 N3 ART1111 N1. DL 328/81 DE 1981/12/04 ART1.
Sumário : I - Na decisão sobre a atribuição da posição de arrendatario da casa de morada de familia, terão de confrontar-se os elementos facticos apurados com as varias "nuances" do criterio informador que, em conjunto, resulta do n. 3 do artigo 1110 do Codigo Civil. II - Na comparação da capacidade patrimonial dos ex-conjuges, ha que atender não so ao quantitativo dos respectivos reditos como aos encargos com os filhos, que um e outro conjuge tem de suportar. III - São insuficientes para ajuizar do interesse dos filhos em residir, na casa de morada de familia, as meras circunstancias de, por um lado, viverem por tolerancia com a mãe em casa de uma avo, por outro de a mãe suceder eventualmente no arrendamento desta casa, e, por fim, de a casa em que vivem ser maior do que a casa da morada de familia. IV - O criterio da culpa imputada ao arrendatario, no divorcio, visa preferir o ex-conjuge inocente, pelo que, em caso de culpas iguais, tal criterio e irrelevante. V - O criterio da epoca do arrendamento relativamente a data do matrimonio visa preferir o ex-conjuge que ja era arrendatario da casa de morada de familia antes dessa data, pelo que o ulterior arrendamento...
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