Acórdão nº 074977 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1987 (caso None)
Magistrado Responsável | MAGALHÃES BAIÃO |
Data da Resolução | 07 de Julho de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS PROCESSOS ESPECIAIS V2 1956 PAG187.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART1096 E F G ART1102 N2. CCIV66 ART1781 A ART1782 N1.
Sumário : I - O Ministerio Publico carece de legitimidade para pedir, com base na alinea e) do artigo 1096 do Codigo de Processo Civil, a revisão de sentença estrangeira que decretou o divorcio. II - Porem, a revisão de merito, com fundamento na alinea g) do citado artigo 1096, cabe no poder legal de recurso do Ministerio Publico. III - O tribunal de revisão tem de apreciar se a sentença estrangeira, tanto pela sua decisão como pelos seus fundamentos e conforme ou contraria as disposições do direito privado portugues. IV - Para que a sentença estrangeira seja confirmada e necessario que o subdito portugues...
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