Acórdão nº 087128 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1995 (caso NULL)
Data | 31 Outubro 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1798 ART1847 ART1869 ART1871. CPC67 ART264 N2 ART456 N2.
Jurisprudência Nacional: ASS STJ 4/83 DE 1983/07/21 IN BMJ N328 PAG297. ASS STJ DE 1978/07/02 IN BMJ N279 PAG79. AC STJ DE 1989/06/27 IN BMJ N388 PAG452. AC STJ DE 1991/06/26 IN BMJ N408 PAG503. AC STJ PROC85992 DE 1994/11/14.
Sumário : I - São dois os factos constitutivos da paternidade biológica, cujo ónus da prova impende sobre o autor: a) a manutenção de relações sexuais entre a mãe e o pretenso pai durante o período legal da concepção do filho, fixado no artigo 1798 do Código Civil; b) a exclusividade dessas relações durante o mesmo período. II - A jurisprudência tem admitido uma interpretação restritiva do Assento 4/83, no sentido de que, tendo embora fracassado a prova da exclusividade das relações sexuais entre o investigado e a mãe, durante o período legal da concepção do filho, deverá ser reconhecida a paternidade do investigado se houver indicações seguras de que das relações sexuais por ele mantidas resultou a procriação do filho. III - Embora o Autor não tenha alegado nem provado a exclusividade das relações sexuais de cópula mantidas entre a mãe e o investigado por forma a abranger todo o período legal de...
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