Acórdão nº 9320174 de Court of Appeal of Porto (Portugal), 14 de Junho de 1993
Data | 14 Junho 1993 |
Órgão | 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 ART799 N1 ART1779 N1 ART1787 N1.
Jurisprudência Nacional: AC STJ DE 1985/12/03 IN BMJ N352 PAG362. AC STJ DE 1985/12/10 IN BMJ N352 PAG366. AC RP DE 1984/12/13 IN CJ ANOIX T5 PAG270.
Sumário: I - A declaração de cônjuge culpado, a que se refere o artigo 1787, nº 1 do Código Civil, deve traduzir o resultado de um juízo global sobre a crise matrimonial, para efeito de se definir se o divórcio é imputável por igual a ambos os cônjuges ou exclusiva ou predominantemente a um deles. II - O artigo 799, nº 1 do Código Civil, apesar da natureza contratual do casamento, não se aplica ao não cumprimento dos deveres conjugais face à especificidade destes, marcada pela ideia da estabilidade da sociedade conjugal. III - Em matéria de ónus de prova é ao requerente do divórcio litigioso que incumbe alegar e provar todos os pressuspostos de facto a que se refere o artigo 1779, nº 1 do Código Civil, qualquer que seja a matéria (positiva ou negativa) dos factos integradores desses pressupostos. IV -...
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