Acórdão nº 98B255 de Supremo Tribunal de Justiça (Portugal), 21 de Maio de 1998
Magistrado Responsável | SAMPAIO DA NOVOA |
Data da Resolução | 21 de Maio de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART65 N1 C ART65-A ART1094 N1 ART1096 A B D F G. CCIV66 ART13.
Jurisprudência Nacional: AC STJ DE 1990/03/06 IN BMJ N395 PAG503. AC STJ DE 1993/10/13 IN CJSTJ ANOI TIII PAG57. AC STJ DE 1995/05/16 IN CJSTJ ANOII TII PAG89.
Sumário : I - No que tange aos requisitos da chamada competência internacional indirecta, para efeitos de revisão de sentenças estrangeiras, a revisão do processo civil operada pelo DL 329-A/95 consagrou, na alínea c) do artigo 1096 do CPC, a tese da unilateralidade, atribuindo especial relevo ao requisito da competência internacional do tribunal sentenciador. II - A apreciação de uma acção de divórcio não constitui matéria da exclusiva competência dos tribunais portugueses. III - Se o recorrido (bi-nacional português e angolano) - também requerido no processo de revisão de sentença de divórcio emitida por um tribunal angolano - já era divorciado quando casou em segundas núpcias com a recorrente - requerente da revisão (também...
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