Acórdão nº 072883 de Supremo Tribunal Administrativo (Portugal), 07 de Novembro de 1985 (caso None)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 07 de Novembro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P COELHO RLJ ANO117 PAG92.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CIV66 ART342 ART436 N1 ART799 N1 ART861 N2 ART1110 N3 ART1672 ART1675 N2 ART1688 ART1779 N1 ART1780 A ART1790 ART1791 ART1792 ART2016 N1 A. CPC67 ART722 N2 ART729 N2.
Sumário : I - No divórcio, apesar de o casamento ser considerado um contrato, não tem aplicação a presunção de culpa do artigo 799, n. 1 do Código Civil, cumprindo ao Autor fazer a prova dos fundamentos do divórcio que invoca, isto é, a violação culposa dos deveres conjugais, como factos constitutivos do seu direito ao divórcio, no caso concreto o abandono culposo do lar por parte da Ré. II - Alegando a Ré em reconvenção a violação por parte do Autor dos deveres da assistência, competia-lhe fazer a prova de que a reparação do facto não lhe era imputável, o que não fez - artigo 1675 n. 2 do Código Civil, pelo que o divórcio não pode ter esse fundamento...
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