Acórdão nº 0500821 de Court of Appeal of Porto (Portugal), 14 de Março de 1991
| Magistrado Responsável | ARAGÃO SEIA |
| Data da Resolução | 14 de Março de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - TEORIA GERAL / DIR FAM.
Legislação Nacional: CCIV66 ART342 N2 ART374 ART1826 N1.
Jurisprudência Nacional: AC RL DE 1969/12/19 IN BMJ N194 PAG280. AC RL DE 1970/03/06 IN BMJ N195 PAG250.
Sumário: I - Limitando-se a Re a afirmar que e falsa uma carta junta a petição inicial, que o Autor diz ter sido por ela escrita e assinada, essa declaração equivale a dizer que não são autenticas a letra e a assinatura dessa carta, pelo que incumbe ao Autor provar a sua autenticidade, recorrendo a qualquer meio de prova ( cf. artigo 374 do Codigo Civil ). II - Não basta a prova do adulterio da mulher para, por si so, afastar a presunção de paternidade prevista no artigo 1826, n. 1, do Codigo Civil. III - Não e qualquer separação de facto, mesmo que abranja todo o periodo de duração do matrimonio, que tem a virtualidade de fazer cessar a presunção...
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