Acórdão nº 088092 de Supremo Tribunal de Justiça (Portugal), 23 de Maio de 1996 (caso NULL)
Magistrado Responsável | PEREIRA DA GRAÇA |
Data da Resolução | 23 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA DIR FAM 1966 VOLIV PÁG74. A DELGADO DIVÓRCIO 1980 PÁG41. E SANTOS NOV LEI DIVOR 2ED PÁG87. P COELHO RLJ ANO114 PÁG183.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1772 ART1779 N1 ART1781 A ART1782 N1 N2 ART1786 N2 ART1787 ART1795-A. CPC67 ART514 ART664 N3 ART713 N2 ART726.
Jurisprudência Nacional: AC STJ DE 1992/02/06 IN BMJ N414 PAG551.
Sumário : I - O divórcio litigioso pode ser requerido por qualquer dos cônjuges no caso de o outro violar culposamente os deveres conjugais de respeito, fidelidade, coabitação, cooperação e assistência, e essa violação for tão grave ou tão repetida que comprometa a possibilidade da vida em comum, nos termos dos artigos 1672 e 1779, n. 1, do CC. II - Independentemente da prova de culpa do outro cônjuge, pode ainda ser pedido o divórcio litigioso quando ocorra um dos fundamentos previstos no artigo 1781 do CC, nomeadamente a separação de facto por seis anos consecutivos. III - Resultando dos factos alegados a situação de amantismo do réu com outra mulher, que se mantém e de que nasceu uma filha, não sofre dúvida que estes factos traduzem a...
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