Acórdão nº 074674 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1987
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 28 de Maio de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CIT F CORREIA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART55 N2 ART1773 ART1775 N2. CPC67 ART1096 G ART1407 N3.
Sumário : I - Tendo-se convertido o divorcio litigioso em divorcio por mutuo consentimento, o que tambem e permitdo pela lei portuguesa e verificando-se todos os requisitos legais deste divorcio, não ha que discutir as causas invocadas inicialmente pelo requerente, na acção e pela requerida na reconvenção, não contendo a sentença decisões contrarias a administração publica portuguesa. II - Não tendo os conjuges a mesma nacionalidade ele portugues e ela francesa - as relações entre eles são reguladas pela lei da residencia habitual - a francesa - artigo 55, n. 2 do Codigo Civil - sendo por ela tratados como o seriam em tribunal portugues. III - O novo sistema de...
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