Acórdão nº 065745 de Supremo Tribunal Administrativo (Portugal), 18 de Março de 1975 (caso None)
Data | 18 Março 1975 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CIV - DIR SUC. DIR INT PRIV. DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART666 ART668 N1 D ART672 ART1332 ART1397. CCIV66 ART16 ART18 N1 N2 ART31 ART47 ART62 ART2162.
Sum·rio : I - O testamento feito por um individuo de nacionalidade inglesa, falecido em Inglaterra e que se mostre de acordo com a lei inglesa tanto quanto a forma como quanto ao fundo, e valido independentemente da observancia de formalidades especiais, mas como em Inglaterra para ser exequivel e necessario o "probate", essa formalidade n„o pode deixar de ser exigida em Portugal, dado que a mesma integra a aprovaÁ„o oficial desse acto, e, consequentemente, a verificaÁ„o de que a mesma foi feita pela pessoa a que respeita e isto porque a lei inglesa n„o exige formalidades especiais para a sua feitura. II - O artigo 16 do Codigo Civil ao referir-se a lei estrangeira manda apenas observar o direito interno contido nessa legislaÁ„o, e assim com essa soluÁ„o afasta-se, em tese geral, a doutrina da devoluÁ„o ou do reenvio, aceitando-se como regra o principio da simples remiss„o da norma de conflitos para o direito interno em conformidade com a chamada teoria da referencia...
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