Acórdão nº 063297 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1970
Magistrado Responsável | JOSE FERNANDES |
Data da Resolução | 03 de Novembro de 1970 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR FAM.
Legislação Nacional: CCIV867 ART101. CCIV66 ART1803 ART1804 N1 A N2 B ART1807 ART1808. CRC67 ART142 ART143 ART316.
Sumário : I - Intentada acção de separação de pessoas e bens com fundamento no abandono do domicilio conjugal ha mais de tres anos, se a sentença que decretou a separação judicial em Janeiro de 1960 omitiu o inicio desse abandono, ha que fixa-lo, uma vez que a acção foi proposta em 30 de Julho de 1959, antes de 30 de Julho de 1956, mas em data imprecisa. II - Dois menores nascidos, um em 31 de Janeiro de 1952 e outro em 30 de Agosto de 1956, tem de considerar-se filhos legitimos dos conjuges cuja separação foi decretada, por força da presunção da sua legitimidade, imposta por lei (artigo 101 do Codigo Civil de 1867 e artigo 1804 do vigente Codigo Civil). III - Como essa legitimidade tem de constar obrigatoriamente do registo do nascimento dos filhos, não sendo admitidas menções que a contrariem (salvo no caso do artigo 1803 do Codigo Civil, aqui inaplicavel), torna-se evidente que não...
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