Acórdão nº 062664 de Supremo Tribunal de Justiça (Portugal), 24 de Outubro de 1969
Magistrado Responsável | CAMPOS DE CARVALHO |
Data da Resolução | 24 de Outubro de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CIT A DOS REIS IN PROC ESPEC VII PAG145 PAG158 PAG180 - RLJ ANO84 PAG349.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART1094 ART1096 A F G ART1101 ART1102. CPC876 ART1087.
Jurisprudência Nacional: AC STJ DE 1966/02/11 IN BMJ N154 PAG278.
Sumário : I - São susceptiveis de revisão, não so as sentenças estrangeiras, mas tambem os acordãos e despachos. II - Quando o tribunal não apure, pelo exame do processo ou por conhecimento derivado do exercicio das suas funções, que a decisão a rever não transitou em julgado, presume-se que concorre o requisito exigido pela alinea b) do artigo 1096 do Codigo de Processo Civil, ou seja, que ela transitou em julgado. O requerente esta pois, dispensado de fazer a prova positiva e directa de tal requisito. E, assim, se o requerido impugnar o pedido com fundamento na falta desse requisito e não conseguir fazer a prova da sua alegação, subsiste a aludida presunção. III - Não obsta ao transito em julgado o caracter provisorio da...
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