Acórdão nº 9451076 de Court of Appeal of Porto (Portugal), 20 de Fevereiro de 1995
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 20 de Fevereiro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART519 N2 ART629 N2. CCIV66 ART357 N2 ART1865 N2. OTM78 ART202 N2.
Jurisprudência Nacional: AC RP DE 1984/06/05 IN CJ T3 ANOIX PAG277. AC RC DE 1981/04/07 IN CJ T2 ANOVI PAG31. AC RP DE 1989/02/16 IN CJ T1 ANOXIV PAG193. AC RP DE 1991/06/06 IN CJ T3 ANOXVI PAG248.
Sumário: I - Não está sujeito à sanção de multa e à comparência sob custódia o pretenso pai que, em processo de averiguação oficiosa de paternidade e ao abrigo do disposto no artigo 519, n.2 do Código de Processo Civil, deixou injustificadamente de comparecer em juízo afim de ser ouvido nos termos dos artigos 1865, n.2, do Código Civil e 202, n.2, da Organização Tutelar de Menores. II - Embora em tal processo, de jurisdição voluntária, o pretenso pai não seja parte no sentido técnico-processual, deve considerar-se analogicamente...
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