Acórdão nº 076084 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 1988
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 05 de Julho de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: CIT P COELHO CURSO DIR FAM TII PAG139. P LIMA A VARELA ANOT VIV P390. P LIMA DIR FAM VII P162. A VARELA OBG GER VII 2ED P161.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART550 ART562 ART847 ART1726 N1 N2 ART1730 N1. CPC67 ART684 N4 ART722 N2 ART729 N2.
Sumário : I - Tendo a Relação decidido com transito em julgado que os bens - olival e andar - são comuns do casal, não ha que apreciar essa categoria dado o disposto no artigo 684, n. 4 do Codigo de Processo Civil dado so ter recorrido o Reu. II - Tendo, porem, esses bens sido adquiridos na maior parte com dinheiro proprio da Autora, nos termos do n. 2 do artigo 1726 do Codigo Civil, ela tem de ser compensada pelo patrimonio comum no momento da dissolução do casamento e partilha da comunhão, pois de outra forma verificar-se-ia o locupletamento a custa alheia. III - A compensação devida pelo patrimonio comum ao patrimonio proprio da Autora, nada tem a haver com o instituto da compensação, nem com o da imputação ou dedução, por em qualquer destes casos ser sempre exigivel a existencia dos dois creditos, pertencentes a titulares...
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