Acórdão nº 073226 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1985 (caso NULL)
Magistrado Responsável | CORTE REAL |
Data da Resolução | 10 de Dezembro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - DIR FAM.
LegislaÁ„o Nacional: CCIV66 ART342 ART1779 N1 ART1780 ART1787 N1.
JurisprudÍncia Nacional: AC STJ DE 1979/02/20 IN BMJ N284 PAG204. AC STJ DE 1984/06/12 IN BMJ N338 PAG420.
Sum·rio : I - Invocando o autor o seu direito ao divorcio com base na violaÁ„o culposa do dever de coabitaÁ„o, cabe-lhe provar n„o so a saida do lar por parte do conjuge, como ainda que a mesma foi voluntaria e culposa (dolo directo ou indirecto). II - Dando-se por provada a inexistencia de culpa quanto a saida do lar por parte da re, n„o se pode concluir que ela tivesse violado esse dever de coabitaÁ„o, ficando so o facto objectivo dessa saida. III - N„o se mostra que haja uma...
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