Acórdão nº 798/03-2 de Tribunal da Relação de Guimarães, 28 de Maio de 2003
Magistrado Responsável: | GOMES DA SILVA |
Data da Resolução: | 28 de Maio de 2003 |
Emissor: | Tribunal da Relação de Guimarães |
P. Nº 798/2003-2ª T. J. VIANA DO CASTELO-2ªV (233/2002) APELAÇÃO ACORDAM EM CONFERÊNCIA NA SECÇÃO CÍVEL DO TRIBUNAL DA RELAÇÃO DE GUIMARÃES: I - RELATÓRIO 1.
Aos 2002.04.04, "A" intentou contra "B" acção declarativa e condenatória de divórcio litigioso.
-
Pretendia obter sentença que: a) decretasse o divórcio entre A. e R., b) declarasse esta única culpada e c) condenasse a mesma a pagar ao A. a quantia de 7.482 €, a título de indemnização por danos morais.
-
A R. contestou e deduziu reconvenção, pedindo: a) que se decretasse o divórcio entre os cônjuges, mas com culpa exclusiva do A., e b) que este fosse condenado a pagar à R., a título de indemnização por danos não patrimoniais, a quantia de 7.484 €, acrescida de juros de mora a contar da notificação do pedido reconvencional.
-
Replicou o A., contestando a pretensão da R..
-
Prolatado o saneador e fixada a base instrutória, procedeu-se a audiência de discussão e julgamento, tendo sido lavrada sentença que, tendo a acção parcialmente procedente por provada, em consequência: a. decretou o divórcio entre o A. "A" e a R. "B", declarando-se dissolvido o seu casamento; b. declarou a R. única culpada do divórcio; c. condenou a R. a pagar ao A., a título de indemnização pela dissolução do casamento, a quantia de 1.500 €; d. absolveu a R. do pedido de condenação como litigante de má fé e e. julgou improcedente, por não provada, a reconvenção, dela absolvendo o A..
-
Irresignada, dela apelou a R., no concernente ao sector da condenação referido supra em c.
, tendo elencado conclusões.
-
O apelado não respondeu.
-
Cumpre apreciar e decidir.
II - A MATERIALIDADE Vem tida por provada a seguinte factualidade: 1. A. e R. contraíram casamento em 9 de Novembro de 1996, sem precedência de convenção antenupcial.
-
Na constância do casamento, nasceu em 26 de Junho de 2000 o menor Simão ....
-
No mês de Julho de 2001, a R. saiu da casa onde vivia com o A., levando consigo o filho do casal.
-
A partir dessa data, a R. passou a residir com Carlos Pereira.
-
A R. e o Carlos comportam-se como se de marido e mulher se tratasse, encontrando-se a R. grávida, em Março de 2002.
-
O A. sente um profundo desgosto por o seu casamento ter fracassado.
-
Todas as sextas-feiras, o A. ia jogar futebol com os amigos.
III - A JURISDICIDADE 1.
-
Tendo em conta o desenho das conclusões da apelante, o recurso está restrito à matéria da quantificação dos danos não patrimoniais pela dissolução do casamento (arts. 684º-nº3...
-
Para continuar a ler
PEÇA SUA AVALIAÇÃOGood news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Pesquisas relacionadas: