Acórdão nº 078237 de Supremo Tribunal de Justiça (Portugal), 15 de Maio de 1990 (caso NULL)
Magistrado Responsável | JORGE VASCONCELOS |
Data da Resolução | 15 de Maio de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. MANDADA AMPLIAR A MATERIA DE FACTO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 ART349 ART350 ART1781 A ART1782 N1. CPC67 ART267 ART467 ART729 N2 N3 ART730 N1.
Sumário : I - A separação de facto por seis anos consecutivos, que fundamenta o divorcio, assenta na ruptura do casamento que transparece dos factos que objectivam a propria separação, mas integrada esta por não existir comunhão de vida entre os conjuges e por haver da parte de qualquer destes o proposito de não a restabelecer. A falta de vida conjugal e essa intencionalidade são componentes da separação de facto por seis anos consecutivos que e fundamento de divorcio litigioso previsto nos artigos 1781 alinea a) e 1782 n. 1 do Codigo Civil. II - E de afastar o entendimento de que, como fundamento do divorcio, a separação de facto assenta na "presunção legal" de a sua perduração por 6 anos consecutivos conduzir a verificação da ruptura definitiva da vida em comum dos conjuges, pelo que essa "presunção" ha-de ser ilidida pelo conjuge contra quem e pedido o divorcio, porque as presunções legais são as estabelecidas na lei. II - Igualmente não e de acolher a tese de que, segundo a "regra da experiencia comum", a...
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