Acórdão nº 165/05-2 de Tribunal da Relação de Guimarães, 16 de Fevereiro de 2005
Magistrado Responsável: | ANTÓNIO GONÇALVES |
Data da Resolução: | 16 de Fevereiro de 2005 |
Emissor: | Tribunal da Relação de Guimarães |
ACORDAM NO TRIBUNAL DA RELAÇÃO DE GUIMARÃES: Do despacho proferido no processo de inventário/partilha de bens em casos especiais n.º 365-B/2001/2.ºJuízo Cível do T.J. da comarca de Viana do Castelo, que indeferiu requerimento da interessada "A" no sentido de que fossem relacionados todos os certificados de aforro de que o casal era proprietário nos Serviços Financeiros Postais, recorreu a reclamante que alegou e concluiu do modo seguinte: 1.
Os autos de divórcio apensos deram entrada no tribunal Judicial de Viana do Castelo em 5 de Julho de 2001; 2.
Nesta altura encontravam-se depositados em certificados de aforro a quantia de 38.813,56 euros; 3. Tal quantia foi depositada na pendência do casamento; 4.
Logo é bem comum a partilhar; 5.
E como tal deve ser relacionado; 6.
Ao decidir de forma diferente violou o Meritíssimo Juiz "a quo" o disposto no art. 1789.° do C.C.
Termina pedindo que seja revogada a decisão recorrida e seja substituída por outra conforme as conclusões.
Contra-alegou o recorrido pedindo a manutenção do julgado e o Ex.mo Juiz manteve a decisão recorrida.
Colhidos os vistos cumpre decidir.
Com interesse para a decisão em recurso estão assentes os factos seguintes: 1.
"B" e "A" contraíram casamento em 04.05.1994 sem precedência de convenção antenupcial, ou seja, no regime de comunhão de adquiridos (art.º 1717.º do C.Civil).
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Em 05.07.2001 a autora "A" intentou acção de divórcio litigioso contra seu marido "B" pedindo que fosse decretado o divórcio entre eles por culpa exclusiva do réu.
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Por decisão de 11.10.1997, transitada em julgado em 04.11.02, foi decretado o divórcio entre os cônjuges.
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Por apenso a esta acção de divórcio corre seus termos o processo de inventário para partilha dos bens deste dissolvido casal.
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A interessada "A" reclamou da relação de bens apresentada pelo cabeça de casal "B", negando a existência de bens e acusando a falta de relacionação de outros, designadamente de certificados de aforro.
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O cabeça de casal respondeu à reclamação impugnando a obrigação de relacionar estes certificados de aforro alegados pela reclamante.
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Produzida e apreciada a prova ficaram provados os factos seguintes: a) - Em datas compreendidas entre 28.12.93 e 13.04.94, o cabeça de -casal depositou na Junta de Crédito Público, em certificados de aforro, a quantia global de € 38.813,56.
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- Em 12.04.02 aquela quantia encontrava-se totalmente resgatada.
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- Em 29.04.97 a interessada reclamante depositou na Junta de Crédito...
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