Acórdão nº 082749 de Supremo Tribunal de Justiça (Portugal), 27 de Outubro de 1992
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 27 de Outubro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM / DIR RESP CIV.
Legislação Nacional: DL 242/85 DE 1985/07/09. CPC67 ART651 ART790 N3. CCIV66 ART483 ART496 N1 N3 ART1792.
Legislação Estrangeira: CC FR ART266.
Sumário : I - No caso de adiamento da audiência de julgamento, deve esta efectuar-se num dos 10 dias imediatos, não podendo haver segundo adiamento, salvo se não for possivel constituir o tribunal - artigos 651, ns. 2 e 5, e 790 n. 3 do Código de Processo Civil. II - Os actos culposos que servem de fundamento ao divórcio, enquanto violam ou ofendem os direitos familiares pessoais do outro cônjuge, constituem o seu autor numa obrigação de indemnização por todos os prejuízos causados. III - O cônjuge que pratica o adultério em que se fundamentou o divórcio constitui-se na obrigação de indemnizar o outro cônjuge por todos os danos causados, nos termos gerais do artigo 483 do Código Civil. IV - Este pedido indemnizatório pode ser feito em acção autónoma, com forma de...
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