Acórdão nº 067348 de Supremo Tribunal de Justiça (Portugal), 29 de Junho de 1978
Magistrado Responsável | DANIEL FERREIRA |
Data da Resolução | 29 de Junho de 1978 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1625 ART1626 ART1790 ART1859 N2. CONC DE 1940/05/07 IN DG DE 1940/07/10 ENTRE PORTUGAL E VATICANO CLAUSXXIV CLAUSXXV. DL 187/75 DE 1975/04/04. DL 261/75 DE 1975/05/27 ART1.
Sumário : I - Esta em vigor a clausula XXV da Concordata com a Santa Se - confirmada e ratificada em 1 de Junho de 1940 (Diario do Governo, de 10 de Julho daquele ano) - que estabelece estar reservado aos tribunais e repartições eclesiasticos competentes o conhecimento das causas concernentes a nulidade do casamento catolico e a dispensa do casamento rato e não consumado. II - Paralelamente, o Codigo Civil no seu artigo 1625 continua a determinar que sobre a validade do casamento canonico e a dispensa do casamento rato e não consumado decidem os tribunais eclesiasticos e o artigo 1626 , referindo-se ao respectivo processo, prescreve que as Relações tornarão executorias aquelas decisões independentemente de revisão e confirmação. III - Devera assim concluir-se que estes...
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