Acórdão nº 073889 de Supremo Tribunal Administrativo (Portugal), 28 de Janeiro de 1987 (caso None)
Magistrado Responsável | CAMPOS COSTA |
Data da Resolução | 28 de Janeiro de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A REIS PROC ESP VII PAG181 PAG204. P LIMA A VARELA ANOT VI 1967 PAG31.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART25 ART31 N1 N2 ART55 N1 ART1672 ART1779 N1. CCIV867 ART24. D DE 1910/11/03 ART4 N2.
Jurisprudência Nacional: AC STJ DE 1981/12/17 IN BMJ N312 PAG262. AC STJ DE 1985/06/05 IN BMJ N348 PAG372. AC STJ DE 1979/10/09 IN BMJ N290 PAG293. AC STJ DE 1982/05/25 IN BMJ N317 PAG207.
Sumário : I - A separação judicial de pessoas e bens e ao divorcio aplica-se a lei pessoal da nacionalidade dos conjuges, neste caso a portuguesa, visto ambos os conjuges serem portugueses. II - A revisão de merito da alinea g) do artigo 1096, do Codigo de Processo Civil, impõe que não haja ofensa das disposições do direito privado portugues, pelo que importa conhecer os factos apurados pelo Tribunal estrangeiro, em ordem a determinar se ha essa ofensa. III - Ou, a sentença revidenda funda-se no...
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