Acórdão nº 3658/09.1TBSXL.L1-1 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Magistrado Responsável | ANABELA CALAFATE |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: I – Estando já a recorrente divorciada, não faz sentido requerer a separação de bens mas sim a partilha dos bens.
II - Por isso, é manifestamente improcedente a sua pretensão de obter a separação de bens nos termos do art. 1406º do CPC pois a aplicação deste normativo, ao ter como pressuposto a manutenção da sociedade conjugal, supõe a não sujeição da partilha às normas do direito substantivo que dispõem sobre os efeitos patrimoniais do divórcio.
III - Não estamos perante erro na forma de processo, pois a recorrente declaradamente não pretende que se proceda à partilha de bens na sequência do divórcio, isto é, não pretende que se proceda a inventário nos termos do art. 1404º do CPC antes pretende obter a...
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