Acórdão nº 087270 de Supremo Tribunal Administrativo (Portugal), 18 de Junho de 1996 (caso None)
Magistrado Responsável | ARAGÃO SEIA |
Data da Resolução | 18 de Junho de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: P COELHO DIR FAM 1977 PAG190. M RAMOS DIR NACIO PAG186. F CORREIA RLJ ANO117 PAG17. A VARELA DIR FAM 3ED PAG213.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CONST89 ART290 N2. L 37/81 DE 1981/10/03 ART4 ART11 ART12 ART30. CCIV867 ART22 N4. CCIV66 ART12 N2 ART31 N1 ART49 ART1061 C ART1598 N1 ART1600. DL 322/82 DE 1982/08/12. CRC78 ART158 ART160.
Sumário : I - No caso das alterações à nacionalidade - aquisição e perda - não só não há lugar a qualquer eficácia retroactiva, como a produção dos seus efeitos só se torna efectiva a partir do seu registo, que funciona como condição de eficácia. II - Mantem-se a validade das relações jurídicas que a recorrente estabeleceu no período em que possuiu a nacionalidade espanhola. III - Se os nubentes não tiverem a mesma nacionalidade, os requisitos intrínsecos ou pressupostos materiais do casamento serão regulados, quanto a cada um deles, pelos preceitos da respectiva lei nacional. IV - As relações jurídicas de casamento e as incapacidades matrimoniais, reguladas pelo direito de família, têm carácter eminentemente pessoal, não se confundindo...
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