Acórdão nº 98B334 de Supremo Tribunal Administrativo (Portugal), 21 de Maio de 1998
Magistrado Responsável | COSTA MARQUES |
Data da Resolução | 21 de Maio de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1817 N4 ART1871 N1 A N2 ART1873.
Jurisprudência Nacional: AC STJ DE 1991/10/29 IN BMJ N410 PAG789. AC STJ DE 1995/02/07 IN CJSTJ ANOIII TI PAG66.
Sumário : I - O tratamento como filho por parte do pretenso pai é, a um tempo, elemento relevante para a obtenção do benefício da prorrogação do prazo de propositura da acção de investigação de paternidade a que se refere o n. 4 do artigo 1817, aplicável, "ex-vi" do artigo 1873, e elemento integrante da posse de estado, presunção de paternidade esta prevista na alínea a) do n. 1 do artigo 1871, todos do CCIV66. II - Verifica-se a reputação do investigante como filho - por reveladores da exteriorização pelo investigado do convencimento íntimo da sua paternidade - se este passou a referir-se àquele como seu filho a apresentá-lo a terceiros nessa qualidade, pelo menos a partir da idade dos 13/14 anos deste, e até ao seu falecimento - isto ao longo de 30 anos - o que fazia no local da sua residência e na vila onde o investigante reside, a par de permanecer e se alimentar em casa...
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