Acórdão nº 9150082 de Court of Appeal of Porto (Portugal), 19 de Maio de 1992
Magistrado Responsável | SOARES DE ALMEIDA |
Data da Resolução | 19 de Maio de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO E DO ANO DE 1985.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART19 ART55 N1 ART825 N1 N2 N3 N4 ART1037 ART1038 N2 C. CCIV66 ART1695 N1 ART1696 N1. CCOM888 ART2 ART10.
Jurisprudência Nacional: ASS STJ DE 1964/11/27 IN DG N296 DE 1964/12/19. ASS STJ DE 1978/04/13 IN DR N165 DE 1978/07/20. AC RE DE 1979/04/05 IN CJ T2 ANOIV PAG407. AC RP DE 1986/10/28 IN CJ T4 ANOXI PAG240. AC RE DE 1988/10/06 IN CJ T4 ANOXIII PAG258. AC RC DE 1990/04/03 IN CJ T2 ANOXV PAG60. AC RE DE 1990/06/07 IN CJ T3 ANOXV PAG277.
Sumário: I - Pelas dívidas da exclusiva responsabilidade de um dos cônjuges respondem os bens próprios do devedor e subsidiariamente a sua meação nos bens comuns; neste caso, porém, o cumprimento só é exigível depois de dissolvido, declarado nulo ou anulado o casamento, ou depois de decretada a separação judicial de pessoas e bens ou a simples separação judicial de bens. II - Certas dívidas, porém, entre as quais se contam as que sejam emergentes de acto de comércio...
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