Acórdão nº 073927 de Supremo Tribunal de Justiça (Portugal), 17 de Junho de 1987
| Magistrado Responsável | ABEL DELGADO |
| Data da Resolução | 17 de Junho de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: ANTUNES VARELA IN DIREITO DE FAMILIA PAG411. JORGE MIRANDA IN ESTUDOS SOBRE A CONSTITUIÇÃO VII PAG16.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART483 ART1778 N1 H ART1781 C ART1792. DL 261/75 DE 1975/05/27. DL 561/76 DE 1976/07/17. CONST82 ART1. DL 496/77 DE 1977/11/25. CPC67 ART446 N1 ART449 N1.
Sumário : I - O direito ao divorcio e um direito potestativo, motivado por que qualquer dos conjuges pode usa-lo, independentemente da vontade do outro. Donde, no divorcio cuja causa seja a separação de facto determinada por um dos conjuges, não e necessario que o outro consinta na separação. II - O autor sera o unico culpado se foi ele quem teve a...
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