Do direito constituído por acordo sobre o destino da casa de morada da família: a propósito de um acórdão do Supremo Tribunal de Justiça

Rita Lobo Xavier, Nuno Salter Cid

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Abstract

This study is based on the appreciation of the decision of the Supreme Court of Justice of 07-01-2021 (Proc. 5484/18.8T8VNG.P1.S1), inserted in an already long list of judgments that deal with issues related to agreements on the destination of the family home concluded in the context of divorce. After a brief description of the case that was the subject of the STJ judgment and of other relevant cases, including the assessment made of them by the courts, the normative framework of such agreements is proceeded to verify if and under what conditions they may constitute a right in rem to housing in favour of one of the ex-spouses.
Original languagePortuguese
Pages (from-to)31-48
Number of pages18
JournalLex Familiae
Volume19
Issue number38
Publication statusPublished - 2022

Keywords

  • Divorce by mutual consent
  • Agreements on family home
  • Right in rem to housing

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