Acórdão nº 072874 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1985
Magistrado Responsável | TINOCO DE ALMEIDA |
Data da Resolução | 31 de Outubro 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 ART12 ART1826 ART1850 ART1854 N1 N2 N3 N4 ART1860. DL 496/77 DE 1977/11/25 ART176 ART177.
Sumário : I - Segundo o disposto no artigo 176 do Decreto-Lei n. 496/77, de 21 de Novembro, as alterações ao Código Civil aí previstas não se aplicavam às acções pendentes continuando a estar sujeitas ao Código Civil, sem essas alterações. II - A Autora com 40 anos, ao propor a acção de investigação de paternidade, fundou-a nas alíneas a), c) e e) do artigo 1860 do Código Civil. III - Porém, segundo o disposto no artigo 1854 e seus números do Código Civil, essas acções tinham de ser propostas durante a menoridade do investigante ou nos dois anos seguintes à sua emancipação ou maioridade, salvo os casos excepcionais dos seus vários números. IV - Ora, dessas excepções a Autora apenas alegou a do n. 4 desse artigo 1854 do Código Civil- o tratamento como filho pelo pretenso pai - mas a este respeito apenas se provou ser convicção generalizada das pessoas da terra que o investigado é o pai da Autora, esta tratava-o muitas vezes...
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