Acórdão nº 074791 de Supremo Tribunal de Justiça (Portugal), 31 de Março de 1987
Magistrado Responsável | MAGALHÃES BAIÃO |
Data da Resolução | 31 de Março de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1779 N1 ART1781 A ART1782 N1. CPC67 ART511 N1 ART524 N1 N2 ART668 N1 D ART706 N2 ART712 N1 A B C N2 ART716 N1.
Sumário : I - Na acção de divorcio litigioso com fundamento na alinea a) do artigo 1781 do Codigo Civil, para alem do elemento objectivo relacionado com o tempo de separação de facto decorrido, e necessario o elemento subjectivo inerente ao proposito do não restabelecimento da vida conjugal, da parte de um, ou de ambos os conjuges. II - Tendo o Colectivo respondido, com base em prova testemunhal, a um quesito, dando como provado que "não ha" da parte do autor o proposito de restabelecer a vida em comum, não pode a Relação alterar tal resposta com base em documento, que a re poderia ter oferecido ate ao encerramento da discussão da causa em 1 instancia e que, intempestivamente, so veio a querer juntar na alegação...
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