Acórdão nº 073929 de Supremo Tribunal de Justiça (Portugal), 11 de Junho de 1986
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 11 de Junho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART52 ART55 ART1773 ART1774 N2 ART1781 A. CPC67 ART1096 G ART1407 N2 N3.
Jurisprudência Nacional: AC STJ DE 1985/05/21 IN BMJ N347 PAG348.
Sumário : I - Em divorcio litigioso requerido pela mulher, o ter o Reu reconhecido a veracidade dos factos alegados pela Autora, não o converteu em divorcio consensual, em termos paralelos a lei portuguesa, pois o que os distingue e o ser requerido o litigioso por um dos conjuges contra o outro, com alguns dos fundamentos previstos na lei, enquanto o divorcio por mutuo consentimento e pedido por ambos, de comum acordo, sem se invocar qualquer fundamento - artigo 1773 do Codigo Civil. II - Para que o divorcio litigioso, passe a divorcio por mutuo consentimento, e necessario que Autor e Reu acordem expressamente nessa modalidade de divorcio - - artigos 1774, n. 2, daquele Codigo e 1407, ns. 2 e 3 do Codigo de Processo Civil. III - Assim, a revisão e de merito - artigos 52 e 55 do Codigo Civil e 1096, alinea g) do Codigo de...
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