Acórdão nº 1610/06 de Court of Appeal of Coimbra (Portugal), 09 de Maio de 2006 (caso NULL)
Magistrado Responsável | REGINA ROSA |
Data da Resolução | 09 de Maio de 2006 |
Emissor | Court of Appeal of Coimbra (Portugal) |
ACORDAM NO TRIBUNAL DA RELAÇÃO DE COIMBRA I - RELATÓRIO I.1- Mediante o presente processo de revisão de sentença estrangeira, em que é requerida a sua mulher, A...
, pediu o requerente B... que esta Relação reveja e confirme, para produzir os seus efeitos em Portugal, a sentença proferida em 18.Outubro.1996 pelo Tribunal Superior de New Jersey - Departamento Familiar (Estado de New Jersey, E.U.A.), que decretou o seu divórcio. Alegou, para tanto, a verificação de todos os requisitos previstos no art.1096º/C.P.C. para a sentença estrangeira em questão ser revista e confirmada.
Citada, a requerida deduziu oposição, alegando no essencial que a sentença revidenda não preenche os requisitos enumerados nas als.c) e f) do citado art.1096º, porque o tribunal americano, qualquer que ele seja, é incompetente para decretar o divórcio entre portugueses celebrado em Portugal, não sendo, sequer, de invocar o disposto no art.31º/2,C.C., e ainda porque a sentença é omissa quanto ao fundamento do divórcio.
Respondeu o requerente pugnando pela improcedência da oposição.
Findos os articulados, deu-se cumprimento ao estatuído no art.1099º, produzindo alegações requerente e requerida, batendo-se aquele pela confirmação da sentença.
O Procurador Geral Adjunto acompanhou o requerente sustentando de igual modo que a sentença deveria ser confirmada.
I.2- O Tribunal é competente e inexistem nulidades, excepções ou questões prévias que obstem ao conhecimento da pretensão do requerente.
Colhidos os vistos, cumpre decidir.
Para continuar a ler
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