Acórdão nº 071038 de Supremo Tribunal de Justiça (Portugal), 06 de Outubro de 1983
| Magistrado Responsável | CORTE REAL |
| Data da Resolução | 06 de Outubro de 1983 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART546 N3 ART712 N2.
Jurisprudência Nacional: ASS STJ DE 1983/06/21 IN DR IS 1983/08/27.
Sumário : I - Consideram-se como não escritas as respostas aos quesitos que mantenham matéria de direito ou sejam conclusivas, o que pode ser conhecido pelo Supremo. II - Não gozando de qualquer presunção legal de paternidade, compete ao Autor fazer a prova da exclusividade das relações sexuais da mãe como investigado, como elemento constitutivo do seu direito, no período legal da concepção. III - Esse exclusivismo resulta dos factos provados: a mãe do menor era virgem e bem comportada, esteve sempre como empregada doméstica dos pais do investigado, onde este residia, nascendo o menor quando ainda era empregada doméstica dos pais do investigado, além de obter resposta negativa o quesito onde se perguntava se a mãe do menor teve...
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