Acórdão nº 062751 de Supremo Tribunal Administrativo (Portugal), 11 de Novembro de 1969 (caso None)
Data | 11 Novembro 1969 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: D 2 DE 1910/12/25 ART18 ART34 N1. CPC61 ART534 N2 ART599 ART646 N3 ART712.
Sumário : I - E sempre a atender, no julgamento do feito, o escrito do pai, a que se refere o n. 1 do artigo 34 do Decreto n. 2, de 25 de Dezembro de 1910, junto a um processo de investigação de paternidade ilegitima, qualquer que seja a via por que tenha chegado as mãos do autor, salvo no caso de se provar que saiu da posse do pretenso pai contra a sua vontade. II - A reputação como filho, a que alude o artigo 18 do citado Decreto n. 2 e integradora da posse de estado, consiste no convencimento, por parte do pretenso pai, de que o investigante e seu filho. III - Precisar se esse convencimento existe não e uma questão de facto, pois se trata de determinar a integração, pelos factos provados, de uma expressão legal. IV - E nitidamente reveladora de que o investigado viveu esse convencimento a prova de que ele deu, em generos e dinheiro, a autora tudo quanto ela necessitou para se criar, manter e educar, dadivas que continuou a fazer mesmo depois de se ter casado e ate que a investigante tambem mudou de estado, não lhe faltando, ate que esse casamento se realizou, com o seu amparo moral; e de que não ocultou essa sua atitude das pessoas com quem se dava e conhecia na area territorial em que decorreu a vida de ambos e que o conheciam a ele e as quais se confessava...
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