Acórdão nº 062401 de Supremo Tribunal de Justiça (Portugal), 26 de Julho de 1968 (caso NULL)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 26 de Julho de 1968 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART65 N1 A B D.
Sum·rio : I - As regras de competencia internacional, designadamente as enunciadas nas alineas a), b) e d) do n. 1 do artigo 65 do Codigo de Processo Civil , s„o, em principio, independentes da nacionalidade das partes, aplicando-se tanto a estrangeiros como a portugueses. II - A alinea d) do citado preceito legal, como disposiÁ„o excepcional e subsidiaria de competencia, tem de ser interpretada e aplicada nos precisos termos restritos em que esta formulada. III - A mesma alinea exige, como titulo atributivo da competencia internacional, a impossibilidade absoluta de o direito existente poder tornar-se efectivo a n„o ser por meio de acÁ„o proposta nos tribunais portugueses. IV - A impossibilidade a que se refere o mesmo preceito reporta-se ao meio processual e n„o ao direito material...
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