Acórdão nº 1016/07.1TBCSC-7 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
| Magistrado Responsável | AMÉLIA ALVES RIBEIRO |
| Data da Resolução | 01 de Março de 2010 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMAR O DECIDIDO Sumário: I.
Não obstante nele poder haver um conflito de opiniões ou representações acerca do mesmo interesse, o acordo celebrado no âmbito de uma acção de regulação do poder paternal, que não é um processo de partes, não configura uma simples transacção nos termos do disposto no art.º 1248.º do CC, enquanto manifestação da autonomia da vontade.
II.
A sentença homologatória desse acordo, tem de acautelar, acima de tudo, o designado superior interesse dos menores, subtraído, pois, à lógica privatística (art.º 1905.º n.º 1 do CC e art.ºs 177.º n.º1 e 180.º OTM).
III.
Se, aquando do acordo, os pais tiverem declarado prescindir do prazo de recurso, a sentença de homologação transita em julgado logo que...
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