Acórdão nº 084670 de Supremo Tribunal Administrativo (Portugal), 01 de Junho de 1994 (caso None)
| Magistrado Responsável | ARAUJO RIBEIRO |
| Data da Resolução | 01 de Junho de 1994 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1779 N1 ART1787 N1 N2.
Jurisprudência Nacional: ASS STJ DE 1994/01/26 IN DR 1994/03/24.
Sumário : I - Não se provando que a situação de rotura entre os cônjuges tenha sido causada por qualquer deles, é sobre o cônjuge autor que recaem as consequências dessa falta de prova, por lhe competir o respectivo ónus. II - O facto de a ré não ter deduzido reconvenção não é obstáculo a que se decrete o divórcio com culpa de ambos os cônjuges. III - O que fundamentalmente justifica a dissolução de um casamento por divórcio não é propriamente a "culpa", mas sim o estado de rotura...
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