Acórdão nº 085372 de Supremo Tribunal de Justiça (Portugal), 04 de Outubro de 1994 (caso NULL)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 04 de Outubro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART153 ART194 A ART195 N1 D N2 B ART196 ART202 ART204 N2 ART244 N2 ART1096 E F ART1101. CCIV66 ART22 N1 ART798 ART799 ART804 ART806. DL 210/71 DE 1971/05/18 ART10 A.
Legislação Estrangeira: CPC ART55 ART56 ART112 ART683 ART684 ART685 ART686 ART854 ART855 - FRANÇA.
Jurisprudência Nacional: AC STJ DE 1971/10/29 IN BMJ N210 PAG105. AC STJ DE 1993/11/10 IN CJ TIII ANOI PAG117. AC RL DE 1981/02/13 IN CJ TI ANOVI PAG231. AC STJ DE 1981/02/19 IN BMJ N304 PAG368. AC STJ DE 1991/10/22 IN BMJ N410 PAG710. AC RL DE 1975/02/14 IN BMJ N244 PAG312. AC RE DE 1985/10/17 IN CJ TIV ANOX PAG300.
Sumário : I - Em processo de revisão de sentença estrangeira, a espécie e a forma da citação devem ser reguladas pela lex fori ou lei do tribunal setenciador, seja o citando nacional ou estrangeiro, aplicando-se o princípio segundo o qual o processo é regulado pela lei do país onde corre a acção, a esta devendo obedecer a tramitação do processo. II - Mas se constar do processo de revisão estrangeira que foi efectuada a citação...
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