Acórdão nº 063538 de Supremo Tribunal Administrativo (Portugal), 11 de Junho de 1971 (caso None)
Magistrado Responsável | FERNANDES COSTA |
Data da Resolução | 11 de Junho de 1971 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: PEREIRA COELHO IN CURSO DE DIREITO DE FAMILIA V2 PAG313.
Área Temática: DIR PROC CIV. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART712 N1. CCIV66 ART1778 G F ART1779 N1 N2.
Jurisprudência Nacional: AC STJ DE 1968/05/28.
Sumário : I - A resposta negativa a um quesito não implica a prova do facto contrario. II - O abandono completo do lar conjugal, como fundamento de separação de pessoas e bens, consiste na saida espontanea e livre de um dos conjuges do lar, praticado com o intuito evidente de romper os laços matrimoniais e sem qualquer motivo plausivel, não sendo eficaz, para o efeito, o abandono que não e da exclusiva responsabilidade de quem o pratica e antes resulta de acto do outro conjuge. III - Ha ofensa a integridade moral não so quando o conjuge e ultrajado por palavras, mas tambem quando o e por actos contrarios as obrigações legais reciprocas dos esposos ou a sua dignidade...
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