Acórdão nº 9110382 de Court of Appeal of Porto (Portugal), 28 de Outubro de 1991
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 28 de Outubro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART483 ART1792 ART1794. CPC67 ART199 ART493 N2 ART494 N1 A.
Jurisprudência Nacional: AC STJ DE 1988/03/23 IN BMJ N375 PAG390. AC RP DE 1988/10/20 IN CJ T4 ANOXIII PAG201.
Sumário: I - Aplica-se à separação judicial de pessoas e bens o disposto no artigo 1792 do Código Civil, com as necessárias adaptações. II - Tal como acontece na acção de divórcio, na própria acção de separação judicial de pessoas e bens só pode ser deduzido o pedido de indemnização pelos danos não patrimoniais causados ao cônjuge demandado pela separação judicial ( depois de esta ser decretada ). III - A reparação dos danos ( designadamente os danos não patrimoniais ) causados pelos factos que servem de fundamento à separação judicial de pessoas e bens ( tal como por aqueles...
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