Acórdão nº 9420250 de Court of Appeal of Porto (Portugal), 11 de Outubro de 1994
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 11 de Outubro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART2003 N1 ART2004 N1 N2 ART2016 N3 ART2009 N1 A C.
Sumário: I - A norma do artigo 2016, n. 3 do Código Civil deve ser considerada como norma especial em relação à norma geral do artigo 2004 do Código Civil pois é um preceito mais amplo incluindo não só os parâmetros fornecidos por este mas outros que têm em conta a especificidade da situação do ex- -cônjuge. II - Se existe um ex-cônjuge não impenderá sobre os ascendentes qualquer obrigação de prestar alimentos. III - Os alimentos traduzem sempre uma prestação de rendimentos ( destinada ao consumo ) não havendo, assim, que tomar em consideração, para a sua fixação, eventuais bens de capital improdutivo ( casa e respectivo recheio, por exemplo ), nem se pode pretender que a alimentanda se desfaça desses bens para obter dinheiro com que satisfaça as suas necessidades de subsistência. IV - Se a alimentanda janta, a título de liberalidade, em casa de seus pais, sempre estaremos perante uma despesa que, actualmente, ela não suporta e que, por isso, não deve ser computada, em termos de indispensabilidade, nas...
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