Acórdão nº 078437 de Supremo Tribunal de Justiça (Portugal), 02 de Outubro de 1990 (caso NULL)
Magistrado Responsável | JORGE VASCONCELOS |
Data da Resolução | 02 de Outubro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR FAM.
LegislaÁ„o Nacional: CCIV66 ART389 ART1801 ART1865 N5. CPC67 ART653 N2 ART655 N1 ART668 B D ART712 N1 A B ART722 N2 ART729. OTM78 ART205.
JurisprudÍncia Nacional: ASS STJ DE 1983/06/21 IN BMJ N328 PAG297. ASS STJ DE 1978/07/25 IN BMJ N279 PAG79. AC STJ DE 1981/10/22 IN BMJ N310 PAG283.
Sum·rio : I - Na acÁ„o oficiosa de investigaÁ„o de paternidade, a causa de pedir e o acto gerador, ou o facto juridico da procriaÁ„o, que se traduz na filiaÁ„o biologica, natural ou real, isto e, ter sido gerado pelo pretenso pai, por copula fecundante deste. II - Segundo o Assento do Supremo Tribunal de JustiÁa de 25 de Julho de 1978, a averiguaÁ„o da filiaÁ„o biologica constitui materia de facto da exclusiva competencia das instancias. III - Ao Supremo Tribunal de JustiÁa esta vedado pronunciar-se sobre a existencia ou n„o de filiaÁ„o biologica que as instancias disseram inexistir, n„o podendo a decis„o da RelaÁ„o sobre tal materia de facto ser alterada, salvo havendo ofensa duma disposiÁ„o expressa da...
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