Acórdão nº 067382 de Supremo Tribunal de Justiça (Portugal), 26 de Outubro de 1978
| Magistrado Responsável | SANTOS VICTOR |
| Data da Resolução | 26 de Outubro de 1978 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: RODRIGUES BASTOS IN NOTAS AO CPC VOLIII PAG337.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART1671 ART1783 ART1795. CPC67 ART490 N1 ART712 N2 ART722 N2 ART729 N2. CPC39 ART653.
Jurisprudência Nacional: AC STJ DE 1973/04/10 IN BMJ N226 PAG237. ASS STJ DE 1944/07/28 IN DG IS 1944/08/22 BOL OF ANO4 PAG387.
Sumário : I - Somente quando a culpa de um dos cônjuges for consideravelmente superior à do outro, é que se põe o problema da declaração de qual deles é o principal culpado. II - A lei - artigo 1783 do Código Civil - não nos fornece um critério de apreciação e graduação de culpa dos cônjuges, pelo que, para se satisfazer às exigências das partes, se haverão de utilizar, para o efeito, as regras do bom senso. III - As instâncias, ao considerarem os cônjuges como...
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