Acórdão nº 9730092 de Court of Appeal of Porto (Portugal), 13 de Março de 1997
Magistrado Responsável | NORBERTO BRANDÃO |
Data da Resolução | 13 de Março de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 B. OTM78 ART177 N2. CCIV66 ART1755 N2 ART1777 ART1778 ART1878 N1 ART2008 N1.
Jurisprudência Nacional: AC RE DE 1978/06/13 IN CJ T4 ANOIII PAG1389.
Sumário: I - A decisão onde se afirma: " Face à falta de acordo quanto ao exercício do poder paternal, nos termos do disposto nos artigos 1419 e 1421 do Código de Processo Civil e 1777 do Código Civil, declaro sem efeito o pedido de divórcio formulado ", não é nula por falta de especificação dos fundamentos de facto e de direito em que assenta. II - No divórcio por mútuo consentimento a regulação do exercício do poder paternal - com fixação obrigatória de pensão de alimentos aos filhos menores, confiados à guarda e cuidados do outro...
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