Acórdão nº 079246 de Supremo Tribunal de Justiça (Portugal), 02 de Outubro de 1990 (caso NULL)
| Magistrado Responsável | MENERES PIMENTEL |
| Data da Resolução | 02 de Outubro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1864 - ART1868 ART1871. CPC67 ART712.
Jurisprudência Nacional: ASS STJ 4/83 DE 1983/06/21 IN RLJ ANO116 PAG314. AC STJ DE 1987/01/06 IN BMJ N363 PAG548.
Sumário : I - Apos a reforma do Codigo Civil, operada atraves do Decreto-Lei n. 496/77, de 25 de Novembro, passaram a existir tres tipos de modelos de acção de investigação: o que e procedido de uma averiguação oficiosa (regulado nos artigos 1864 a 1868 do Codigo Civil); o que e apoiado ou baseado em presunções legais (artigo 1871); e aquele que se insere em filiação biologica resultante de uma relação sexual que conduziu a fecundação do ovulo. II - Nos termos do assento n. 4/83, de 21 de Junho, na falta de uma presunção legal de paternidade, cabe ao autor, em acção de investigação, fazer prova de que a mãe, no...
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