Acórdão nº 070521 de Supremo Tribunal de Justiça (Portugal), 17 de Março de 1983
Magistrado Responsável | LOPES NEVES |
Data da Resolução | 17 de Março de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART195 N1 N2 ART198 ART202 ART540 N1 ART1096 E G ART1101. CCIV66 ART42 N2 ART305 N1 ART371 N1.
Legislação Estrangeira: CPC ITALIANO ART142.
Jurisprudência Nacional: AC STJ DE 1971/10/29 IN BMJ N210 PAG105. AC STJ DE 1978/02/09 IN CJ ANOIII TI PAG175.
Sumário : I - O que releva para o efeito do preceituado na alínea e) do artigo 1096 do Código de Processo Civil é a falta de citação que é figura diferente da nulidade de citação. A irregularidade de citação é regulada e resolvida pelo Tribunal que julgou a causa. II - Quando se fala em princípios de ordem pública portuguesa, o que se pretende é que a aplicação da lei estrangeira normalmente competente não redunde em resultado intolerável, quer do ponto de vista do comum...
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