Acórdão nº 9230499 de Court of Appeal of Porto (Portugal), 13 de Abril de 1993
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 13 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REV SENT ESTRANGEIRA Decisão: NEGADA A CONFIRMAÇÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1096 G ART1098 ART1101. CCIV66 ART52 N1 ART55 N1 ART217 N1 ART218.
Sumário: I - Tratando-se de sentença proferida contra português, e sendo pela lei portuguesa, como lei nacional de ambos os cônjuges, que a questão do divórcio deveria ser resolvida face ao disposto nos artigos 52, nº 1, e 55, nº 1, Código Civil, é, para sua confirmação, exigível, nos termos da alínea g) do artigo 1096: Código de Processo Civil, que não ofenda as disposições de direito privado portugues. II - Ainda que restritamente à matéria de direito, na alínea g) do artigo 1096: Código de Processo Civil consagra-se o princípio da revisão de mérito da sentença estrangeira, devendo o tribunal revisor recusar o reconhecimento solicitado se a sentença, proferida contra português, ofender as disposições do direito privado português no que toca aos fundamentos de direito, ou seja, no tocante às razões de direito. III - Daí que a revisão não possa ter lugar quando não constem da decisão revidenda os factos que lhe serviram do fundamento, pois em tal caso torna-se impossível formular um juízo sobre a sua conformidade com o direito nacional. IV - Mesmo que se adira à tese da...
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