Acórdão nº 0003301 de Court of Appeal of Lisbon (Portugal), 13 de Julho de 1995
| Magistrado Responsável | LOPES BENTO |
| Data da Resolução | 13 de Julho de 1995 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1779 ART1782 N2 ART1787 N1.
Jurisprudência Nacional: AC STJ DE 1980/07/04 IN NMJ N299 PAG354. AC STJ DE 1991/01/08 IN BMJ N403 PAG423. AC STJ DE 1987/02/25 IN BMJ N364 PAG866. AC RP DE 1986/07/29 IN CJ T4 PAG228.
Sumário: I - A determinação e a graduação da culpa encerram matéria de direito; II - O juízo de censura e a correspondente declaração de culpa devem basear-se nos factos provados, e não em dúvidas ou conjecturas; III - Cabe ao autor o ónus da prova da culpa do cônjuge violador do dever conjugal infringido; IV - A...
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