Acórdão nº 076356 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1988 (caso NULL)
Magistrado Responsável | GOMES DOS SANTOS |
Data da Resolução | 02 de Dezembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART217 ART342 N2 ART799 ART1577 ART1672 ART1673 ART1779 ART1780 B ART1787.
Sumário : I - O perdão do artigo 1780, alinea b) do Codigo Civil abrange a reconciliação, acordo dos conjuges em voltarem a comunhão plena; perdão, expresso ou tacito, acto unilateral de esquecimento das ofensas sofridas; simples resignação, em que o conjuge ofendido revele so a vontade de, sem esquecer as ofensas, não romper a convivencia conjugal, mas em qualquer situação, a atitude dos conjuges tem de ser inequivoca, no sentido do reatamento da comunhão. II - Não ha perdão quando se ignora, em parte o que sucedeu no tempo decorrido entre a agressão corporal da Autora e a sua saida, passado um ano, do lar conjugal, no dia seguinte aquele em que o marido regressou da França, o que competia provar ao Reu - artigo 342, n. 2 do Codigo Civil. III - O dever de coabitação pressupõe a adopção de residencia comum - artigo 1673 do Codigo Civil - compreendendo ainda o "debito conjugal", pois so assim ha comunhão de vida, e que essa violação do dever de coabitacão fosse inexigivel ao...
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