Acórdão nº 9721372 de Court of Appeal of Porto (Portugal), 05 de Maio de 1998 (caso NULL)
Magistrado Responsável | AFONSO CORREIA |
Data da Resolução | 05 de Maio de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REV SENT ESTRANGEIRA Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART1094 ART1096 A B C D E F G ART1101. CCIV66 ART1775 N2.
Sumário: I - Reconhecer uma sentença estrangeira é atribuir-lhe no Estado do foro os efeitos que lhe competem segundo a lei do estado de origem. II - Antes da revisão do processo civil operada pelos Decreto-Lei ns.329-A/95, de 12 de Dezembro e 180/96, de 25 de Setembro, é à vista do disposto nos artigos 1096 e 1101 sempre se entendeu que a alínea g) deste artigo 1096 constituia no sistema do nosso ordenamento jurídico uma excepção à regra da revisão meramente formal das sentenças estrangeiras para que produzam efeitos na ordem jurídica portuguesa e só exigia uma revisão de mérito quando a sentença fosse proferida contra português. III - Depois da revisão do processo civil mantém-se o princípio geral do controlo prévio da...
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