Acórdão nº 9130093 de Court of Appeal of Porto (Portugal), 29 de Outubro de 1992
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 29 de Outubro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1724 ART1732 ART1733 ART1678 N2 ART1688 ART1789. CPC67 ART1019 ART1014 N3 ART1017 N4 N5 ART1016 N1 N3 N4 ART661 N2.
Jurisprudência Nacional: AC STJ DE 1935/11/29 IN GRL N49 PAG263.
Sumário: I - A acção de prestação de contas pela administração de bens comuns do casal proposta por um ex-cônjuge contra o ex-cônjuge administrador tem por objecto a administração desde a data da propositura da acção em que foi decretada a dissolução do matrimónio - ut artigos 1688, 1788 e 1789 do Código Civil. II - Em relação ao período da manutenção da sociedade conjugal, em que na comunhão de bens existia um património único dos conjuges e um só direito ( e que com o divórcio se converte em compropriedade ), as contas a prestar devem processar-se no processo comum autónomo e próprio. III - No processo referido em I. as verbas não...
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