Acórdão nº 086651 de Supremo Tribunal de Justiça (Portugal), 28 de Março de 1995
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 28 de Março de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA IN DIREITO DE FAMÍLIA PAG407 ED DE 1982.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART722 N2. CCIV66 ART1672 ART1779.
Sumário : I - Para que proceda um pedido de divórcio com fundamento no artigo 1779 do CCIV. é necessário que se verifiquem cumulativamente os seguintes requisitos: a) - violação de um ou mais dos deveres conjugais referidos no artigo 1672 do CCIV. (respeito, fidelidade, coabitação, cooperação e assistência); b) - violação culposa dos deveres conjugais; c) o facto ofensivo seja grave ou reiterado; d) - o facto violador seja essencial, isto é, que comprometa a possibilidade de vida em comum. II - A gravidade de uma falta, da violação de um dos diversos deveres conjugais enunciados no artigo 1672 do Código referido afere-se em dois planos: o objectivo (a reacção havida pelo homem médio integrado no...
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