Acórdão nº 074058 de Supremo Tribunal de Justiça (Portugal), 06 de Novembro de 1986 (caso NULL)
| Magistrado Responsável | ALMEIDA RIBEIRO |
| Data da Resolução | 06 de Novembro de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: GUILHERME OLIVEIRA ESTABELECIMENTO DA FILIAÇÃO PAG154. FERREIRA PINTO FILIAÇÃO NATURAL PAG322. A REIS RLJ ANO86 PAG280.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1798 ART1871 N1.
Jurisprudência Nacional: ASS STJ 4/83 DE 1983/06/21 IN BMJ N328 PAG297. AC STJ DE 1984/12/13 IN BMJ N342 PAG391.
Sumário : I - Na acção de investigação de paternidade, não se invocando qualquer presunção de paternidade, indicada no artigo 1871, n. 1, do Codigo Civil, tera de ser feita a prova da paternidade biologica ou natural. II - Neste caso, compete ao investigante fazer a prova de que, no periodo legal da concepção, a sua mãe so com o investigado manteve relações sexuais. III - Considera-se suficientemente provada a fidelidade da mãe do investigante ao investigado, quando as instancias...
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