Acórdão nº 077744 de Supremo Tribunal de Justiça (Portugal), 02 de Novembro de 1989
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 02 de Novembro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART722 N2 ART729 N2. CCIV66 ART342 ART349 ART350 ART351 ART396 ART1796 N2 ART1798 ART1871.
Jurisprudência Nacional: ASS STJ DE 1978/06/25 IN DR IS DE 1978/10/28. ASS STJ DE 1983/06/21 IN BMJ N328 PAG297.
Sumário : I - Como de diz no Assento do Supremo Tribunal de Justiça de 25 de Julho de 1978 a filiação biológica ou natural é um mero facto, não havendo conceito jurídico que possa ser afectado com o seu conhecimento. II - Por isso, conforme o artigo 729 n. 2 do Código de Processo Civil, este Tribunal só poderia alterar o julgado da 2. instância a tal respeito, se se verificasse o caso especial do n. 2 do artigo 722 do mesmo Código. III - Tendo as instâncias, no uso de presunção natural, inferido a exclusividade e a época das relações sexuais dos factos que o Colectivo deu como provados (assim tirando uma ilação de factos conhecidos para firmar um facto desconhecido...
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