Acórdão nº 083460 de Supremo Tribunal de Justiça (Portugal), 03 de Junho de 1993
Magistrado Responsável | SA COUTO |
Data da Resolução | 03 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: R BASTOS NOTAS AO CPC VOLII PAG242.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART388 N1 N2 ART 389 N1 N5. CCIV66 ART2009 N1 B ART2011 N2.
Sumário : I - A primeira conclusão a tirar do n. 1 do artigo 388 do Código de Processo Civil é a de que o pedido de alimentos provisórios apenas poderá ter por conteúdo uma quantia em dinheiro fixada mensalmente. II - Não exercendo o requerente, com 74 anos de idade, uma actividade remunerada, e sendo os únicos bens que possui os de capital de que ainda dispõe, no total de cerca de 2000 contos, mas que, se não for renovado, facilmente se dissipará com a satisfação das suas necessidades correntes, sendo certo, que ainda, doou ao arguido, seu filho uma exploração agrícola e um aviário que juntamente com este, geria e lhes proporcionavam um rendimento anual superior a quatro mil contos, não é socialmente justo nem legalmente admissível que se...
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