Acórdão nº 0048161 de Supremo Tribunal Administrativo (Portugal), 19 de Abril de 1994 (caso None)
Magistrado Responsável | QUINTA GOMES |
Data da Resolução | 19 de Abril de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: HELENA GEADA HEMOGENÉTICA FORENSE INVESTIGAÇÃO DE PATERNIDADE. M CRUZ POSSIBILIDADES ACTUAIS DA INVESTIGAÇÃO BIOLOGICA DA FILIAÇÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR FAM.
Legislação Nacional: CCIV66 ART389 ART1859 N3.
Jurisprudência Nacional: ASS STJ DE 1978/07/25 IN BMJ N279 PAG79.
Sumário: I - Ao dar-se como provado na resposta ao quesito que durante o ano de 1984 a autora se ia encontrar com o réu nas estadias que o navio fazia nos portos nacionais e que o navio fazia viagens mensais, seguidas de estadias de 15 dias em portos nacionais, tal resposta é dotada de ambiguidade, uma vez que permite concluir que essa situação ocorreu durante todo o ano de 1984, abrangendo, por isso, o período legal da concepção da Márcia. Devia o tribunal, já que possuia elementos nos autos, ter esclarecido nessa resposta qual o período ou períodos do ano de 1984 em que a autora se foi encontrar naqueles portos com o réu. II - Embora seja de concluir que as respostas aos quesitos em causa, quando apreciadas isoladamente, padecem de deficiências, o certo é que no contexto global com as demais respostas, e, principalmente, com a resposta dada ao quesito 5, nenhuma influência poderão ter na decisão da causa. III - A circunstância de a fecundação da mulher se processar fora do campo de percepção sensorial de qualquer pessoa, nem por isso deixa de ser um facto concreto da vida real e como facto concreto que é pode provar-se. IV - O avanço...
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