Acórdão nº 074114 de Supremo Tribunal de Justiça (Portugal), 20 de Novembro de 1986
Data | 20 Novembro 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR FAM / DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CPC67 ART722 N2 ART729 N2. CCIV66 ART342 N2 ART1110 N3 ART1672 ART1779 N1 N2 ART1780 B.
Sumário : I - O cônjuge ofendido deixa de ter o direito de requerer o divórcio quando se mostrar que, não obstante ser do seu conhecimento o facto ofensivo, ele considera tolerável a continuação da convivência conjugal, estando disposto a continuá-la. II - A prova de tal disposição da autora em relação às ofensas por ela sofridas, compete ao réu, como facto extintivo do direito ao divórcio por aquela invocado (artigo 342, n. 2, do Código Civil). III - Na apreciação dos factos invocados, quanto à sua gravidade, deve o tribunal tomar em conta, nomeadamente, a culpa que possa ser imputada ao requerente e o grau de educação e sensibilidade moral dos cônjuges. IV - O dever conjugal de respeito traduz-se em cada um dos...
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