Acórdão nº 086776 de Supremo Tribunal de Justiça (Portugal), 11 de Maio de 1995
| Magistrado Responsável | COSTA MARQUES |
| Data da Resolução | 11 de Maio de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: F OLIVEIRA LEI E LABORATÓRIO IN BFDC HOMENAGEM FÉRRER CORREIA VOLII.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1867 ART1869 ART1798 ART1871.
Jurisprudência Nacional: ASS STJ DE 1983/06/21 IN BMJ N328 PAG297.
Sumário : I - Na acção oficiosa de paternidade, não apoiada em qualquer das presunções de paternidade do artigo 1871 do Código Civil, a causa de pedir é a procriação, a paternidade biológica - artigos 1869 e 1847 do Código citado, aplicando-se o Assento n. 4/83, do Supremo Tribunal de Justiça de 21 de Junho de 1983. II - Segundo este Assento, na falta dessa presunção, cabe ao Autor provar que a mãe, no período legal da concepção, só com o investigado manteve relações sexuais. III - Mas a prova directa da paternidade biológica através do exame hematológico, se obtida, implicará que tenha de fazer uma interpretação restritiva do Assento, ou seja, deverá ser reconhecida a paternidade, não...
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