Acórdão nº 079602 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1991
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 17 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1798 ART1801 ART1864 ART1865 ART1866 A B ART1867 ART1868. CPC67 ART456 N2 ART722 N2 ART729 N2.
Jurisprudência Nacional: ASS STJ 4/83 DE 1983/06/28 IN DR IS 1983/08/27.
Sumário : I - Nas acções oficiosas de investigação de paternidade visa-se investigar a paternidade biologica do investigante com exclusão de outros fundamentos. II - Tal averiguação esta apenas vedada nos casos previstos nas alineas a) e b) do artigo 1866 do Codigo Civil. III - Na falta de presunção legal de paternidade, cabe ao autor em acção de investigação fazer a prova de que a mãe, no periodo legal de concepção, so com o investigador manteve relações sexuais. IV - Segundo as disposições combinadas dos artigos 722, n. 2 e 729, n. 2 do Codigo de Processo Civil não e da competencia do Supremo Tribunal de Justiça apreciar se ha ou não contradições nas respostas aos quesitos, tratando-se de materia da competencia exclusiva da Relação. V - A admissibilidade dos meios de prova de que fala o artigo 1801 do Codigo Civil não impõe a sua...
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