Acórdão nº 9330180 de Court of Appeal of Porto (Portugal), 17 de Junho de 1993
| Data | 17 Junho 1993 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART342.
Jurisprudência Nacional: AC STJ DE 1984/12/20 IN BMJ N342 PAG399.
Sumário: I - As expressões " ladrão " e " filho da puta " são, em abstracto injuriosas e ofensivas do dever conjugal de respeito. Mas para que essa " violação " possa fundamentar o divórcio, é necessário que seja culposa, isto é que seja cometida com dolo, ao menos na forma de dolo eventual. II - O ónus da prova de que a conduta é dolosa recai sobre o cônjuge ofendido - artigo 342 do Código Civil. III - O comprometimento da possibilidade de vida em comum não deve...
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