Oliveira Machado v Neri Pinto

JurisdictionPortugal
CourtCourt of Cassation (Portugal)
Docket NumberCase No. 210
Portuguese Court of Cassation.
Case No. 210
Oliveira Machado
and
Neri Pinto.

Double Nationality — Proof of Effective Nationality — Nationality of Married Woman.

The Facts.—The plaintiff, a Portuguese national, married in Brazil the defendant woman, who was a Brazilian national and retained that nationality according to Article 69 of the Brazilian Federal Constitution of 24 February, 1891, which provides that a woman does not lose her nationality by marriage with a foreigner. By her marriage with a Portuguese national she acquired Portuguese nationality by the terms of Article 18, paragraph 6, of the Portuguese Civil Code. The plaintiff, while domiciled in Brazil, brought an action for divorce in Portugal.

Held by the Supreme Court of Justice, on appeal from the judgment of the Court of Appeal of Lisbon: That the Court had jurisdiction. It was established in the documents produced before the Court that the defendant, although absent and without known residence at the time when the action was brought, had during the preceding year a domicile in Portugal, where she was still...

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