Acórdão nº 0053911 de Court of Appeal of Lisbon (Portugal), 16 de Junho de 1992
Magistrado Responsável | AMARAL BARATA |
Data da Resolução | 16 de Junho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
Requerente: (Y) Requerido: (X) A requerente moveu acção especial de revisão e confirmação de sentença estrangeira, expendendo. a) a sentença em causa já transitou em julgado; b) o réu foi devidamente citado; c) a sentença foi tomada segundo as regras de conflitos de jurisdição da lei portuguesa; d) a decisão proferida não é contrária aos princípios da ordem pública portuguesa, nem ofende as disposições do direito privado português. Tentou tradução dessa sentença e certidão do casamento. Foi o requerente citado e não oposicionou. Em sede das regulares alegações o Senhor Representante do Ministério Público opina pela revisão da confirmação. Pressupostos processuais: ocorrentes. Nulidades, excepções ou questões prévias de conhecimento oficioso: inexistente. Dos documentos juntos verifica-se que as partes se consorciaram e que, de mútuo acordo, solicitaram a dissolução do vínculo matrimonial perante o tribunal territorialmente competente. A dissolução foi decretada, e fez caso julgado. Assim, o direito escrito assiste à requerente: arts 71 d) e 1094 e seguintes do Código Processo Civil, arts 25, 52, 55, 1773...
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