Acórdão nº 0077881 de Supremo Tribunal Administrativo (Portugal), 08 de Fevereiro de 1994 (caso None)
Data | 08 Fevereiro 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM. DIR REGIS NOT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1829 ART1835 N1. CRC78 ART146 N1 ART296 ART299. CPC67 ART498 N1.
Sumário: I - Os processos facultados pelo artigo 299 do Código Registo Civil destinam-se unicamente a corrigir vícios do registo, colocando qualquer registo de harmonia com a verdade jurídica. II - Por isso, na acção de justificação judicial só se pode contestar infirmando a identidade da mãe e os pressupostos da presunção da paternidade, não podendo invocar-se factos integrativos dos casos em que se permite impugnar a paternidade presuntiva. III - Tendo, assim, sido proferida decisão judicial, transitada, para confirmar o assento de nascimento da menor com a presunção legal de paternidade (artigos 1835 n. 1, Código Civil e 146 n. 1, Código de Registo Civil), não pode essa decisão constituir caso julgado relativamente à acção de impugnação de paternidade e de investigação de paternidade da mesma menor. IV - Na verdade, não ocorrem os requisitos do artigo 498 n. 1, Código de Processo Civil, quanto aos sujeitos (na acção de...
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