Acórdão nº 071289 de Supremo Tribunal de Justiça (Portugal), 03 de Maio de 1984 (caso NULL)
Magistrado Responsável | LICURGO DOS SANTOS |
Data da Resolução | 03 de Maio de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1787 N2.
Sumário : I - Na apreciação da culpa dos cônjuges no divórcio ou separação judicial de pessoas e bens, deve atender-se ao conjunto da prova produzida, mesmo que já tenha decorrido, relativamente aos factos alegados, o prazo da caducidade do direito de pedir o divórcio ou separação com base neles. II - Na ausência de critério legal definidor da culpa, manda o bom senso que só se declare um dos cônjuges principal culpado quando não surjam dúvidas de que a sua culpa é consideravelmente superior à do outro, designadamente quando ambos tenham violado deveres conjugais. III - A mulher que abandona o marido com o propósito de...
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