Acórdão nº 074601 de Supremo Tribunal de Justiça (Portugal), 26 de Maio de 1987 (caso NULL)
| Magistrado Responsável | CURA MARIANO |
| Data da Resolução | 26 de Maio de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1798 ART1801 ART1831 ART1871. DL 436/77 DE 1977/09/25. CPC67 ART646 N3.
Jurisprudência Nacional: ASS STJ DE 1983/06/21 IN BMJ N328 PAG297.
Sumário : I - O Decreto-Lei n. 436/77, de 25 de Novembro veio consagrar o principio da liberdade de investigação de paternidade. Basta a prova da filiação biologica, sem necessidade da prova de qualquer pressuposto, como sucedia com a lei anterior. II - Mas os antigos pressupostos foram transformados em presunções legais, facilitando a tarefa do autor por inversão do onus da prova; mas elas...
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