Acórdão nº 082025 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1992
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 05 de Maio de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART342 N1 ART799 N1 ART1675 ART1779 N1. CP82 ART142.
Jurisprudência Nacional: AC STJ DE 1983/02/17 IN RLJ ANO117. AC STJ DE 1983/06/21 IN RLJ ANO117.
Sumário : I - No divórcio litigioso o ónus da prova da culpa na violação dos deveres conjugais cabe ao autor, por se tratar de um facto constitutivo do seu direito a ver decretado o divórcio contra o outro cônjuge. II - Tal ónus, contrariarmente ao disposto no artigo 799 do Código Civil (onde se estabelece uma presunção de culpa do devedor), é imposto pela especificidade do contrato de casamento e deriva da própria redacção do artigo 1779 do Código Civil. III - Não se provando a culpa do réu na violação, a ele imputada, dos deveres conjugais, ter-se-á como existente essa culpa, não podendo, por isso, ser decretado o...
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