Acórdão nº 98B339 de Supremo Tribunal de Justiça (Portugal), 21 de Maio de 1998
| Magistrado Responsável | PEREIRA DA GRAÇA |
| Data da Resolução | 21 de Maio de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR FAM.
Legislação Nacional: CCIV66 ART342 ART1673 N1 ART1779 N1. CPC67 ART684-A.
Jurisprudência Nacional: ASS STJ DE 1994/01/26 IN DR IS DE 1994/03/24.
Sumário : I - Em acção de divórcio fundamentada na violação do dever de coabitação, cabe ao autor o ónus da prova não só da voluntariedade do acto ofensivo daquele dever, como também, da voluntariedade dos motivos, ou da ausência deles. II - Constituem violação do dever conjugal de respeito, suficientemente forte para fundamentar o divórcio, os factos de: a) a ré ter expulsado o autor da casa de ambos, colocando-lhe as malas na rua; b) a ré ser vista quase diariamente, há cerca de...
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