Acórdão nº 065417 de Supremo Tribunal Administrativo (Portugal), 14 de Janeiro de 1975 (caso None)
Magistrado Responsável | RODRIGUES BASTOS |
Data da Resolução | 14 de Janeiro de 1975 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART274 N3 ART722 N2 ART1344 ART1397. CCIV66 ART1681 ART1688 ART1689 ART1774 N3 ART1791.
Sumário : I - A questão da manutenção ou exclusão de bens adicionalmente relacionados, devendo ser resolvida no processo especial de inventário, não pode ser apresentada, em reconvenção, numa acção de processo comum. II - Tanto na hipótese de separação judicial de pessoas e bens como na de divórcio, tudo se passa, relativamente aos bens, como se o casamento tivesse sido dissolvido por morte. O inventário subsequente tem, por isso, que tomar em conta os bens existentes à data em que foram judicialmente interrompidas ou cessaram as relações patrimoniais entre os cônjuges. III - O artigo 1681 do Código Civil prevê num caso de...
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