Acórdão nº 072125 de Supremo Tribunal de Justiça (Portugal), 05 de Março de 1985
| Magistrado Responsável | AURELIO FERNANDES |
| Data da Resolução | 05 de Março de 1985 |
| 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 ART349 ART351 ART1793. CPC67 ART722 N2 ART729 N2.
Jurisprudência Nacional: ASS STJ DE 1973/07/27 IN BMJ N279 PAG791. AC STJ DE 1974/11/12 IN BMJ N241 PAG290. AC STJ DE 1978/11/16 IN BMJ N281 PAG203. AC STJ DE 1981/01/22 IN BMJ N303 PAG244.
Sumário : I - A procedencia da acção de investigação da paternidade esta dependente da prova da filiação biologica, que supõe a existencia de exclusividade das relações sexuais da mãe do investigante com o investigado durante o periodo legal de concepção. II - Tendo as instancias dado como provado que a mãe do investigante e o Reu mantiveram entre si relações sexuais, desde Novembro de 1978, ate, pelo menos fins de Janeiro de 1979, e que não constou que as tivesse tido com qualquer outro homem nos primeiros 120 dias dos 300 que precederam o nascimento do mesmo...
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