Acórdão nº 082548 de Supremo Tribunal de Justiça (Portugal), 09 de Fevereiro de 1993
| Magistrado Responsável | SAMPAIO DA SILVA |
| Data da Resolução | 09 de Fevereiro de 1993 |
| 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 ART349 ART351 ART672 ART799 ART1577 ART1673 ART1779 N1 N2 ART1787. CPC67 ART722 N2 ART729 N1 N2.
Jurisprudência Nacional: AC STJ DE 1985/12/10 IN BMJ N352 PAG366. AC STJ DE 1985/12/03 IN BMJ N352 PAG362. AC STJ DE 1986/06/17 IN BMJ N358 PAG544.
Sumário : I - O regime do artigo 799 do Código Civil não é aplicável à violação dos deveres conjugais, cabendo ao cônjuge que pretende obter o divórcio com tal fundamento o ónus de provar a culpa do outro cônjuge. II - Concluindo as instâncias pela culpa unicamente da ré na saída do lar conjugal, tal convicção situa-se na esfera dos factos materiais da causa, tendo de ser acatada pelo Supremo Tribunal de Justiça, por não se verificar...
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