Acórdão nº 069599 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1981
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 02 de Dezembro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM Legislação Nacional: CCIV66 ART1848 N1 N4 ART1860 ART1865 N3 ART1871. DL 496/77 DE 1977/11/25. CRC78 ART157 ART159 N1. CPC67 ART722 N2 ART729 N2.
Sumário : I - Na sua primitiva redacção o artigo 1860 do Código Civil só permitia as acções de investigação de paternidade ilegítima nos casos que enumerava, mas na averiguação oficiosa da paternidade, a acção não estava sujeita a tais limitações - artigo 1848, n. 4 desse código. II - Com o Decreto-Lei 496/77, de 25 de Novembro, desapareceram todos esses pressupostos de admissibilidade da acção. A paternidade pode provar-se sem essas limitações; esses pressupostos de admissibilidade da acção passaram a constituir, em parte, meras presunções de paternidade - artigo 1871 do Código Civil. III - Actualmente chega-se à procedência da acção ou pela prova de qualquer das situações enunciadas no artigo 1871 citado, desde que não existam dúvidas sérias sobre a paternidade do investigado, ou mediante prova da filiação biológica: se durante o período legal da concepção do investigante, a mãe só com o investigado manteve relações sexuais, o que...
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