Acórdão nº 98B483 de Supremo Tribunal de Justiça (Portugal), 23 de Setembro de 1998 (caso NULL)
| Magistrado Responsável | QUIRINO SOARES |
| Data da Resolução | 23 de Setembro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: MANDADA AMPLIAR A MATÉRIA DE FACTO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1871. L 21/98 DE 1998/05/12. CPC67 ART655 N1 ART729 N3.
Jurisprudência Nacional: ASS STJ 4/83 DE 1983/06/21 IN BMJ N328 PAG297. ASS STJ DE 1978/07/25 IN BMJ N279 PAG79.
Sumário : I - A aquisição, nos autos de investigação de paternidade, de exame hematológico do investigado, que conclui por uma probabilidade de paternidade de 99,837% - correspondente na escala de Hummel a uma "paternidade praticamente provada" - não dispensa o autor da acção do ónus da prova da exclusividade das relações sexuais da mãe com o pretenso pai no período legal da concepção. II - O exame hematológico é um simples meio de prova (não dotado pois de força probatória plena) e não um facto relevante da causa. III - Assim, o...
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