Acórdão nº 0124192 de Court of Appeal of Porto (Portugal), 30 de Abril de 1991
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 30 de Abril de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR CIV - DIR RESP CIV / DIR FAM. DIR PROC CIV - RECURSOS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART1110 ART1792 ART1793. CPC67 ART145 N3 ART668 N1 D ART1407 N7 ART1419 N1 F. CCJ62 ART138 N3 A ART145 N1.
Jurisprudência Nacional: AC STJ 1987/02/25 IN BMJ N364 PAG849. AC STJ 1988/02/02 IN BMJ N374 PAG449.
Sumário: I- Os danos não patrimoniais a indemnizar nos termos do art. 1792 do Codigo Civil são apenas aqueles que decorrem da dissolução do casamento, não se confundindo com os que possam resultar das proprias violações dos deveres conjugais que tenham sido cometidas. II- Embora a autora na petição inicial tenha pedido para si a atribuição da casa morada de familia, não ha omissão de pronuncia relevante se a sentença nada disser a tal respeito, mas a recorrente na sua alegação de recurso esclareça que aquele pedido so podia ser feito em acção propria, nos termos do artigo 1793 do Codigo Civil. III- Na fase de recurso não pode conhecer-se da questão da atribuição provisoria da casa de morada de familia a autora se ela...
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