Acórdão nº 9220182 de Court of Appeal of Porto (Portugal), 15 de Setembro de 1992
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 15 de Setembro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART344 N1 ART350 N1 N2 ART1869 ART1871 N1 A B C D N2.
Jurisprudência Nacional: ASS STJ DE 1983/06/21 IN DR ISÉRIE DE 1983/08/27. AC STJ DE 1979/11/21 IN BMJ N291 PAG498. AC STJ DE 1988/06/01 IN BMJ N378 PAG747. AC RL DE 1982/02/25 IN CJ ANOVII T1 PAG204. AC RE DE 1987/04/23 IN CJ ANOXII T2 PAG297.
Sumário: I - A causa de pedir nas acções de investigação da paternidade é o facto jurídico da procriação, que se estrutura no acto gerador da gravidez: relações sexuais de cópula completa entre a mãe e o investigado, no período legal da concepção. II - As situações prevenidas no artigo 1871, nº 1 do Código Civil, que eram anteriormente pressupostos de admissibilidade da acção, constituem, agora, presunções de paternidade. III - Ao autor bastará, para ver procedente a acção, provar os factos em que assenta a presunção invocada, ficando dispensado de demonstrar o vínculo biológico, pois, mercê da...
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