Acórdão nº 071872 de Supremo Tribunal de Justiça (Portugal), 27 de Julho de 1984
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 27 de Julho de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1110 N3 ART1787 N1.
Jurisprudência Nacional: AC STJ DE 1979/10/16 IN BMJ N290 PAG415.
Sumário : I - Ao enumerar os varios elementos ou factores a considerar, o n. 3 do artigo 1110 do Codigo Civil não estabeleceu uma hierarquia de valores entre eles. II - Dai que a respectiva valorização tera de ser feita pelo tribunal, em cada caso concreto e segundo aquilo que o bom senso indicar como solução mais justa. III - O tribunal que haja de decidir sobre a atribuição do direito ao arrendamento deve debruçar-se sobre os fundamentos em que assentou o decretamento do divorcio e deve prescrutar as razões que a ele conduziram. IV - Tal como se dispõe no n. 1 do artigo 1787 do Codigo Civil, o juiz so tem de declarar que um dos conjuges foi o "principal culpado" quando concluir por um acentuado desnivel no que respeita a intensidade das culpas de cada um dos conjuges. V - A não...
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