Acórdão nº 073468 de Supremo Tribunal de Justiça (Portugal), 01 de Julho de 1986
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 01 de Julho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART1096 G ART1775 N1 N2.
Jurisprudência Nacional: AC STJ DE 1972/11/12 IN BMJ N240 PAG290.
Sumário : I - O artigo 1096, alinea g), do Codigo de Processo Civil tem por base o pensamento fundamental de que, para a sentença ser confirmada, torna-se necessario que o cidadão portugues, vencido, tenha sido tratado pelo tribunal estrangeiro como seria tratado pelo tribunal portugues se a acção fosse julgada em Portugal. II - Este preceito visa uma protecção eficaz para os cidadãos portugueses a quem o Tribunal estrangeiro aplicou indevidamente lei diferente da lei portuguesa e, por isso, viu a acção julgada contra si, suportando uma consequencia que a ordem juridica portuguesa não permitiria. III - Sendo esta a consequencia que se pretende evitar com o dispositivo da alinea g) questionado, ele releva apenas, de um interessse meramente particular, que se defendeu, e não do interesse da defesa da competencia do ordenamento juridico portugues, pelo que tal norma não e imperativa. IV - Nessa conformidade, se e cidadão portugues, o vencido na sentença estrangeira que vem...
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