Acórdão nº 6251/08-2 de Court of Appeal of Lisbon (Portugal), 10 de Setembro de 2009
Magistrado Responsável | TERESA ALBUQUERQUE |
Data da Resolução | 10 de Setembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: I - Os alimentos que decorrem da obrigação de quem detém o poder paternal só podem manter-se enquanto se mantiver o poder paternal. Quando este se extingue – com a maioridade ou a emancipação do filho - caducam, sem necessidade de qualquer pedido de cessação nesse sentido, mesmo que o filho esteja na situação do art 1880º CC, isto é, não haja ainda completado a sua formação profissional.
II – Esta conclusão não exclui o entendimento de que quando a maioridade ou a emancipação sobrevêm em acção de regulação ou alteração do poder paternal a acção deve ainda prosseguir para se apurar a medida, ou a nova medida, da pensão alimentar, que será devida desde a data da propositura da acção até à data da ocorrência da maioridade ou emancipação.
III - È que os pais quando pretendem a fixação ou alteração da pensão de alimentos, estão a regular questões que...
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