Acórdão nº 081652 de Supremo Tribunal Administrativo (Portugal), 05 de Março de 1992 (caso None)
| Magistrado Responsável | RICARDO DA VELHA |
| Data da Resolução | 05 de Março de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART342 ART799 ART1672 ART1779.
Jurisprudência Nacional: AC STJ DE 1985/12/03 IN BMJ N352 PAG362. AC STJ DE 1985/12/10 IN BMJ N352 PAG366. AC STJ DE 1986/06/17 IN BMJ N358 PAG544. AC STJ DE 1985/12/04 IN BMJ N362 PAG541. AC STJ DE 1987/05/03 IN TJ N29 PAG27. AC STJ DE 1988/01/01 IN TJ N28 PAG22.
Sumário : I - O autor que maltrata fisicamente a re, fazendo que esta saisse do lar conjugal com medo de novas agressões, violou o dever de respeito (artigo 1672 do Codigo Civil). II - Se a re, ao sair do lar conjugal, viola objectivamente o dever de coabitação com o autor, fe-lo por culpa exclusiva dele, pelo que não pode ser decretado o divorcio contra ela. III - Nos termos do artigo 342 do Codigo Civil incumbia ao autor provar que a re agira culpa ao sair do lar, pois a...
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