Acórdão nº 078862 de Supremo Tribunal Administrativo (Portugal), 22 de Maio de 1990 (caso None)
| Magistrado Responsável | MENERES PIMENTEL |
| Data da Resolução | 22 de Maio de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1817 N4 ART1873 N1.
Sumário : I - Em acções de investigação de paternidade, os autores podem propo-las durante a sua menoridade, nos dois primeiros anos posteriores a aquisição da maioridade ou emancipação, ou dentro do prazo de um ano a contar da data em que cessou o tratamento como filho por parte do investigado. II - Tem-se justificado esta ultima possibilidsade de prazo da propositura da acção com o fundamento de, durante a ocorrencia do referido tratamento, se verificar como que uma impossibilidade moral de investigar. III - Tendo o pretenso pai falecido em 5 de Fevereiro de 1985 e a acção sido proposta em 3 de Dezembro do mesmo ano, e tendo-se provado que "ate poucos dias" antes daquele falecimento o investigado chamava os autores como filhos...
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