Acórdão nº 077694 de Supremo Tribunal de Justiça (Portugal), 06 de Junho de 1989
Magistrado Responsável | ELISEU FIGUEIRA |
Data da Resolução | 06 de Junho de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - RECURSOS. DIR MENORES. DIR CONST - DIR FUND.
Legislação Nacional: CCIV66 ART1786 ART1787 N2 ART1789 N2 ART1905. CPC67 ART2 ART506 ART771 C. OTM78 ART178. CONST82 ART26 N1.
Sumário : I - Tendo a acção de divórcio por objecto, não apenas a dissolução do casamento, mas também a determinação da culpa dos cônjuges, com os importantes efeitos jurídicos que dela derivam, daí emerge que a ninguém pode negar-se o direito de propor acção paralela a uma já proposta contra si desde que, apoiada em diferente causa de pedir. II - Segundo o artigo 1787 do Código Civil, na sentença terá de declarar-se a culpa de um ou de ambos os cônjuges, mesmo que já tenha decorrido o prazo de caducidade quanto aos factos alegados - artigo 1786 do Código Civil. III - No entanto, sendo em ambas as acções deduzido o mesmo pedido - o de ser decretado o divórcio - segundo a lógica processual, o destino...
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