Acórdão nº 079784 de Supremo Tribunal de Justiça (Portugal), 06 de Dezembro de 1990
| Magistrado Responsável | BALTAZAR COELHO |
| Data da Resolução | 06 de Dezembro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: ANTUNES VARELA IN DIREITO DE FAMILIA PAG484. PEREIRA COELHO IN RLJ ANO114 PAG183. RODRIGUES BASTOS IN DIR FAM SEGUNDO O CCIV66 IV.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART684 N2 N3 N4. CCIV66 ART1672 ART1779 N1 N2 ART1787 N1.
Jurisprudência Nacional: AC STJ DE 1987/03/05 IN BMJ N365 PAG616. AC STJ DE 1980/05/13 IN BMJ N297 PAG348.
Sumário : I - A declaração do conjuge unico ou principal culpado na acção em que venha a ser decretado o divorcio litigioso constitui questão de direito, susceptivel, por isso, de ser reapreciada, em via de revista, pelo Supremo Tribunal de Justiça. II - Isto e assim porque a declaração em causa ha-de resultar, por um lado, da ponderação dos deveres a que os conjuges, segundo o disposto no artigo 1672 do Codigo Civil, estão reciprocamente...
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