Acórdão nº 080699 de Supremo Tribunal de Justiça (Portugal), 24 de Outubro de 1991
Magistrado Responsável | TATO MARINHO |
Data da Resolução | 24 de Outubro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL. DIR INT PRIV. DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART51 ART52 ART1096 G. CCJ62 ART16 ART39.
Referências Internacionais: CONV HAIA DE 1970/06/01 ART2 N1 N2 B ART6 N3.
Jurisprudência Nacional: AC STJ DE 1984/06/20 IN BMJ N338 PAG355. AC STJ DE 1985/12/21 IN BMJ N344 PAG393. AC STJ DE 1986/06/05 IN BMJ N358 PAG428. AC STJ DE 1986/07/01 IN BMJ N359 PAG601. AC STJ DE 1986/10/18 IN BMJ N360 PAG546. AC STJ DE 1986/10/28 IN BMJ N360 PAG542. AC STJ DE 1988/12/14 IN BMJ N382 PAG484.
Sumário : I - O artigo 1096 do Código Civil consagra o princípio geral de as sentenças estrangeiras só estarem sujeitas à regra da revisão formal. II - A alínea g) daquele preceito abre uma excepção àquele princípio ao estabelecer uma verdadeira revisão de mérito e a hipótese de a sentença estrangeira ter sido proferida contra cidadão português. III - A "ratio" da excepção reside em evitar que o cidadão português contra quem foi proferida a decisão não sofra o prejuízo que lhe possa advir da circunstância do tribunal de origem não ter feito aplicação de lei portuguesa quando, no entanto, era aplicável. IV - A revisão de mérito tem carácter excepcional, pelo que, em regra, quando um cidadão português pede revisão de sentença...
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