Acórdão nº 071919 de Supremo Tribunal de Justiça (Portugal), 20 de Novembro de 1984
Magistrado Responsável | AMARAL AGUIAR |
Data da Resolução | 20 de Novembro de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA ANOT VIV PAG361. P LIMA LIÇ 1936 PAG359.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1689 ART1714 ART1715 N1 C ART1722 ART1727 ART1785 A ART1788 ART1790 ART1794. CCIV867 ART1105. DL 47344 DE 1966/11/25 ART14. CRP67 ART83 B.
Sumário : I - Sobre a questão de simulação das declarações constantes da escritura de partilha quanto a tornas, trata-se de questão nova, não suscitada nas instâncias e, por isso, o Supremo Tribunal de Justiça não pode conhecer dela. II - Tendo sido adjudicado ao casal do Autor e Ré determinada fracção urbana e sendo o regime de bens o da comunhão geral, essa fracção passou a pertencer em comum aos cônjuges. III - O artigo 1790 do Código Civil não alude, nem de algum modo aponta para uma eventual alteração do regime de bens, mas apenas refere que o cônjuge culpado não pode na partilha receber mais do que receberia se o casamento fosse no regime de comunhão de adquiridos, pois fora dos casos permitidos na lei, não é permitido alterar o...
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