Acórdão nº 075097 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1987
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 30 de Junho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: M FERNANDES COSTA DIREITOS ADQUIRIDOS E RECONHECIMENTO DE SENTENÇAS ESTRANGEIRAS IN ESTUDOS DE HOMENAGEM AO PROF FERRER CORREIA PAG167.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - TEORIA GERAL / DIR FAM.
Legislação Nacional: CPC67 ART137 ART1096 G. CCIV66 ART31 N2 ART1775 N1 N2.
Legislação Estrangeira: CCIV FRANÇA ART248 N1.
Jurisprudência Nacional: AC STJ DE 1986/06/05 IN BMJ N358 PAG428.
Sumário : I - A alinea g) do artigo 1096 do Codigo de Processo Civil tem na sua base o pensamento fundamental de que, para que a sentença seja confirmada, se torna necessario que o subdito portugues, vencido, tenha sido tratado pelo tribunal estrangeiro como o seria por tribunal portugues se a acção corresse em Portugal, assim se visando uma garantia seria, uma protecção eficaz para os cidadãos portugueses. II - Isto envolvera uma revisão de merito. III - São reconhecidos em Portugal os negocios juridicos celebrados no pais da residencia habitual do declarante, em conformidade com a lei desse pais, desde que esta se considere competente. IV - A sentença não constitui negocio juridico; antes e imposta pelo juiz, mesmo quando homologatoria. V - A revisão de sentença estrangeira destina-se a protecção de um...
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