Acórdão nº 9230219 de Court of Appeal of Porto (Portugal), 02 de Novembro de 1992
| Magistrado Responsável | VASCO FARIA |
| Data da Resolução | 02 de Novembro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART664 ART660 N2 ART101 ART102. CCIV66 ART1781 ART1782.
Sumário: I - A incompetência absoluta do tribunal comum só pode ser conhecida se para tal as partes fornecerem os elementos de facto suficientes. II - Não constando da petição inicial de acção de divórcio não contestada que a A. na data da sua propositura, tivesse residência no estrangeiro, e antes, se referindo residir na área da comarca em que foi proposta a acção, não podia decidir-se no sentido da incompetência absoluta em razão da nacionalidade do respectivo...
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