Acórdão nº 068664 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1980 (caso NULL)
Magistrado Responsável | HERNANI DE LENCASTRE |
Data da Resolução | 28 de Outubro de 1980 |
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 ART130 ART333 N1 ART1854 N1 N4. CPC67 ART493 N2 N3 ART510 N2 N3 ART691 N2.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN DG IS N44 DE 1963/02/21.
Sumário : I - A acção de investigação de paternidade tem de ser proposta durante a menoridade do investigante ou nos dois anos posteriores à sua emancipação ou maioridade; se o investigante foi tratado como filho pelo pretenso pai, pode a mesma ser proposta dentro de um ano, a contar da data em que esse tratamento cessou. II - Foi nesta última hipótese que os Autores propuseram a acção, alegando o tratamento como filho pelo pretenso pai até à morte deste. III - Não constitui caso julgado a decisão genérica no saneador da não...
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