Acórdão nº 0224748 de Court of Appeal of Porto (Portugal), 19 de Abril de 1990
Magistrado Responsável | ARAGÃO SEIA |
Data da Resolução | 19 de Abril de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART2003 ART2004 ART2009 N1 A ART1675 N3.
Sumário: I - A prestação de alimentos devida ao cônjuge não tem o mesmo objectivo que a obrigação alimentar comum. Não se mede pelas estritas necessidades vitais ( a alimentação, vestuário, calçado, alojamento ) do credor, visando, pelo contrário, assegurar ao necessitado o trem de vida económico e social - as necessidades recreativas, as obrigações sociais - a que ele faz juz como cônjuge do devedor. Terá, no entanto, de adaptar-se ainda às reais possibilidades do devedor. II - Em caso de separação de facto, o dever de assistência incumbe, em princípio, apenas ao único ou principal culpado - artigo 1675, n. 3 do Código Civil - pelo que o requerente dos alimentos deve alegar e provar que essa separação não lhe é imputável. III - O tribunal...
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