Acórdão nº 068250 de Supremo Tribunal de Justiça (Portugal), 16 de Outubro de 1979 (caso NULL)
Magistrado Responsável | RODRIGUES BASTOS |
Data da Resolução | 16 de Outubro de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1110 N3.
Sumário : I - Nos termos do preceituado no n. 3 do artigo 1110 do Codigo Civil, uma vez decretado o divorcio ou a separação, na falta de acordo entre os conjuges, cabe ao Tribunal decidir quanto a posição do arrendatario, tendo em conta a situação patrimonial daqueles, as circunstancias de facto relativas a ocupação da casa, o interesse dos filhos, a culpa imputada ao arrendatario na separação ou divorcio, o facto de ser o arrendamento anterior ou posterior ao casamento e quaisquer outras razões atendiveis. II - Dissolvido o matrimonio sem dele ter havidos filhos, a solução mais justa e a de regressarem ambos os conjuges, no aspecto da sua residencia particular, a situação anterior ao casamento se houver equilibrio das respectivas posições. III - A situação de ambos os interessados pode considerar-se equilibrada...
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