Acórdão nº 069643 de Supremo Tribunal Administrativo (Portugal), 15 de Dezembro de 1981 (caso None)
Magistrado Responsável | AMARAL AGUIAR |
Data da Resolução | 15 de Dezembro de 1981 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT VOLIV PAG547. A DELGADO DO DIVÓRCIO PAG94.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1778 ART1779 N1 N2 ART1780.
Jurisprudência Nacional: AC STJ DE 1973/04/10 IN BMJ N226 PAG237. AC STJ DE 1974/07/12 IN BMJ N238 PAG208. AC STJ DE 1979/10/12 IN BMJ N290 PAG399. AC STJ DE 1980/02/26 IN RLJ ANO114 PAG180.
Sumário : I - Qualquer dos cônjuges só não poderá obter o divórcio nos termos do artigo 1787 do Código Civil, quando se verifique qualquer dos casos previstos no artigo 1780 do mesmo Código, pois, fora deles, será o divórcio decretado ou não conforme a violação culposa dos deveres conjugais imputada por um dos cônjuges ao outro comprometa ou não - em maior ou menor grau - a possibilidade da vida em comum. II - Assim, não vindo provado que a Autora abandonou o lar com intenção de propiciar ao marido o adultério deste, posterior ao abandono, ela tem o direito de também pedir o divórcio por esse adultério. III - Não tendo a Relação referido se o adultério do Réu terá ou não comprometido a possibilidade da vida em comum nem por isso fica o Supremo impedido de suprir essa falta, visto que não basta a franca violação do dever de fidelidade mas é necessário ainda que resulte a efectiva impossibilidade da vida em comum, para ser decretado o...
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