Acórdão nº 078431 de Supremo Tribunal de Justiça (Portugal), 21 de Fevereiro de 1991 (caso NULL)
Data | 21 Fevereiro 1991 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1779 ART1780 B. CPC67 ART264 ART456 N2 ART459 ART653 N2.
Jurisprudência Nacional: AC STJ DE 1975/12/05 IN BMJ N252 PAG105.
Sumário : I - A infracção dos deveres conjugais so pode ser considerada causa de divorcio quando, pela sua gravidade ou reiteração, e tendo em atenção a culpa que possa ser imputada ao requerente e o grau de educação e sensibilidade moral dos conjuges, comprometa a possibilidade da vida em comum. II - Não obstante essa objectiva não-exigibilidade, o divorcio não sera de conceder se o comportamento posterior do conjuge ofendido revelar, nomeadamente por perdão expresso ou tacito, que este não considera o comportamento do outro conjuge impeditivo da vida em comum (artigo 1780, alinea b) do Codigo Civil). III - Não são de considerar perdão, para efeitos da alinea b) do artigo 1780 as tentativas da Autora para retomar a comunhão de vida com o Reu, o qual depois de adulterio prolongado aumentou a ofensa levando para residencia familiar a sua concubina, por se ignorarem as condições que a Autora possa ter posto para a reconciliação, nomeadamente as relativas a relação de concubinato do Reu...
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