Acórdão nº 073612 de Supremo Tribunal de Justiça (Portugal), 19 de Junho de 1986
| Magistrado Responsável | LIMA CLUNY |
| Data da Resolução | 19 de Junho de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: A REIS RLJ ANO86 PAG282.
Área Temática: DIR CIV - TEORIA GERAL / DIR FAM. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART2. CPC67 ART712.
Jurisprudência Nacional: ASS STJ DE 1983/06/21 IN BMJ N328 PAG297. AC STJ DE 1984/07/05 IN BMJ N339 PAG364. AC STJ DE 1985/02/13 IN BMJ N344 PAG361.
Sumário : I - Na falta de uma presunção legal de paternidade, cabe ao investigante, em acção de investigação, fazer prova de que sua mãe, no periodo legal da concepção, so com o investigado manteve relações sexuais. II - A doutrina fixada pelos assentos tem força obrigatoria geral, vinculando mesmo aqueles que nele votaram de vencido. III - Tendo-se as respostas dadas pelo tribunal colectivo aos quesitos fundamentado nos depoimentos orais das testemunhas ouvidas em...
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