Acórdão nº 074987 de Supremo Tribunal Administrativo (Portugal), 02 de Dezembro de 1987 (caso None)
| Data | 02 Dezembro 1987 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR FAM. DIR PROC CIV - RECURSOS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART342 N1 ART1871 N1. CPC67 ART452 ART712 N1. CCJ62 ART3 N1 A.
Jurisprudência Nacional: ASS STJ DE 1983/06/21 IN BMJ N328 PAG297. AC STJ PROC74058 DE 1986/11/06. AC STJ DE 1984/12/13 IN BMJ N342 PAG391.
Sumário : I - Baseando-se a acção de investigação de paternidade na filiação biologica, o autor tera de provar a existencia da relação biologica de paternidade entre ele e o investigado para se poder concluir que e filho deste. II - Na causa de pedir das acções de investigação de paternidade - a procriação - integra-se a exclusividade das relações sexuais da mãe do investigante com o investigado no periodo legal da concepção. III - Na falta de uma presunção legal de paternidade, cabe ao autor fazer a prova de que a mãe, no periodo legal da concepção, so com o investigado manteve relações sexuais...
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