Acórdão nº 068040 de Supremo Tribunal de Justiça (Portugal), 19 de Março de 1980
Magistrado Responsável | FERREIRA DA COSTA |
Data da Resolução | 19 de Março de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO JURISDIÇÃO.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Indicações Eventuais: ALBERTO DOS REIS IN COMENTARIO AO CODIGO DE PROCESSO CIVIL V1 PAG199.
Área Temática: DIR JUDIC - CONFLITOS / ORG COMP TRIB.
Legislação Nacional: CPC67 ART65 N1 ART66 ART75 ART102 N1 ART109 N1 ART115 N1 ART120 N1 ART449 N2 A. CCIV66 ART82 N1. CCIV867 ART43. L 82/77 DE 1977/12/06 ART54 A ART61 ART62.
Sumário : I - O conflito que opõe decisões de tribunal de competencia especializada (Tribunal de Familia) e de competencia generica (Tribunal da Comarca) e um conflito de jurisdição e não de competencia, apesar de a oposição se situar na qualificação da residencia das partes, como relevante para a propositura da acção de divorcio. II - Se o requerente, trabalhador portugues em França, tem casa em territorio nacional, onde passa habitualmente as ferias, com a duração de um mes, que e, notoriamente, a da generalidade dos trabalhadores portugueses em França, então e de aceitar que tambem reside em Portugal, segundo um juizo de probabilidade que basta para a solução do conflito e atribuir aos nossos tribunais a competencia para conhecer do pedido de divorcio. III - Não se pode ter em conta, para o efeito de julgar competente o...
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