Acórdão nº 073093 de Supremo Tribunal Administrativo (Portugal), 16 de Janeiro de 1986 (caso None)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 16 de Janeiro de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART354 B ART1779 N1. CPC67 ART299 N1 ART456 N2 ART490 N1 ART554 N2 ART722 N2.
Jurisprudência Nacional: AC STJ DE 1968/06/21 IN BMJ N178 PAG176. AC STJ DE 1974/02/01 IN BMJ N234 PAG246. AC STJ DE 1977/11/17 IN BMJ N271 PAG160. AC STJ DE 1978/02/21 IN BMJ N274 PAG269. AC STJ DE 1979/11/21 IN BMJ N291 PAG648. AC STJ DE 1981/01/22 IN BMJ N303 PAG178.
Sumário : I - O Supremo Tribunal de Justiça so pode alterar as respostas do colectivo, nos termos da parte final do n. 2, do artigo 722, do Código de Processo Civil. II - Dando a Relação como provadas relações sexuais extraconjugais da re, com apoio não directamente a partir da sua confissão para alem do limite fixado no artigo 354, alinea b) do Codigo Civil, mas sim a partir de factos concludentes, não pode o Supremo censurar o assim decidido quanto a fixação dos factos materiais da causa. III - Não e fundamento de divorcio a possivel agressão da mulher pelo marido, ocorrida bastantes meses apos a separação do casal, merce do adulterio...
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