Acórdão nº 074219 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1987
| Data | 06 Janeiro 1987 |
| 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 CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1800 ART1801 ART1871.
Jurisprudência Nacional: ASS STJ DE 1983/06/21 IN RLJ N116 PAG314.
Sumário : I - Em acção de investigação oficiosa de paternidade, na falta de uma presunção legal de paternidade, deve o autor fazer prova da filiação biologica, cabendo-lhe provar dois factos: o reu manteve relações sexuais com a mãe do investigante e esta so com aquele as teve durante todo o periodo legal da concepção. II - O autor não e obrigado a usar os meios de prova referidos no artigo 1801 do Codigo Civil, preceito que teve apenas como objectivo tornar clara, em acções relativas a filiação, a admissibilidade de certos exames que poderiam ser considerados como ofensivos do...
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