Acórdão nº 076797 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1989
Magistrado Responsável | FERNANDES FUGAS |
Data da Resolução | 13 de Janeiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: ALBERTO DOS REIS IN CODIGO DO PROCESSO CIVIL ANOTADO VII PAG279.
Área Temática: DIR CIV - TEORIA GERAL / DIR FAM.
Legislação Nacional: CCIV66 ART333 N1 ART342 N2 ART1577 ART1672. CPC67 ART456 N1 N2 ART457 N1 A N2.
Jurisprudência Nacional: AC STJ DE 1974/02/01 IN BMJ N234 PAG246. AC STJ DE 1978/02/21 IN BMJ N274 PAG269.
Sumário : I - Sendo a caducidade um facto extintivo do direito de pedir o divorcio, e ao reu que incumbe provar esse facto. Isto sem embargo de a caducidade, em materia excluida da disponibilidade das partes, como e o caso, dever ser oficiosamente apreciada pelo tribunal, e, por isso, poder ser alegada a todo o tempo (artigo 333, n. 1 do Codigo Civil). II - A Autora...
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