Acórdão nº 0124622 de Court of Appeal of Porto (Portugal), 09 de Abril de 1991
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 09 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REV SENT ESTRANGEIRA.
Decisão: AUTORIZADA A REVISãO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART1096.
Jurisprudência Nacional: AC STJ DE 1983/12/07 JN BMJ N332 PAG425. AC STJ DE 1987/03/31 JN BMJ N365 PAG592.
Sumário: 1 - Esta excluida da revisão de merito a sentença estrangeira de divorcio ou de separação, por mutuo consentimento, pois foi proferida, a favor de ambos os conjuges e não contra eles. 2 - Ainda que se entendesse que aquela sentença fora proferida contra cidada portuguesa, não seria caso de proceder a revisão de merito a que alude a alinea g) do art. 1096 do CPC, ja que sendo ela a requerente da revisão e confirmação, não sofre duvida que assim manifestou a sua concordancia com a decisão revidenciada. E esta a orientação do STJ - v. entre outros Ac de 7-12-83 e Ac de 31-3-87, in BMJ332 - pag. 425 e 365 - pag. 592 respectivamente. (v. anotação ao Ac. de 31-3-87...
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