Acórdão nº 068024 de Supremo Tribunal de Justiça (Portugal), 09 de Outubro de 1979
Magistrado Responsável | SANTOS VICTOR |
Data da Resolução | 09 de Outubro de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART49 N1 ART1095 ART1096 B C D E F G ART1421 N1 ART1423 N1. CCIV66 ART12 N1 ART52 ART55 N1 ART1689 ART1776 N1 ART1777 ART1788 ART1794 ART2008 N1. DL 605/76 DE 1976/07/24 ART3. DL 496/77 DE 1977/11/25 ART176 ART177.
Legislação Estrangeira: CPC BRASIL ART288 ART645 ART1121. L INTRODUÇÃO CCIV BRASIL ART7.
Jurisprudência Nacional: AC STJ DE 1971/03/12 IN BMJ N205 PAG202.
Sumário : I - O sistema geral do direito portugues quanto a revisão de sentenças estrangeiras e o de simples revisão formal ou de deliberação, com excepção da hipotese substantiva prevista na alinea g) do artigo 1096 do Codigo de Processo Civil. II - O periodo de tres meses de ponderação e reflexão dos conjuges requerentes da separação por mutuo consentimento fixado no n. 1 do artigo 1423 do Codigo de Processo Civil e nos artigos 1776, 1777 e 1794 do Codigo Civil, assume natureza substantiva. III - Consequentemente, ofende o direito privado portugues a sentença proferida por tribunal...
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