Acórdão nº 0121532 de Court of Appeal of Porto (Portugal), 04 de Abril de 1991
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 04 de Abril de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REV SENT ESTRANGEIRA Decisão: AUTORIZADA A REVISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART1096 D. CCIV66 ART31 N2.
Jurisprudência Nacional: AC STJ DE 1984/02/22 IN BMJ N334 PAG437.
Sumário: I - O n. 2 do artigo 31 do Codigo Civil, segundo o qual " são reconhecidos em Portugal os negocios juridicos celebrados no pais da residencia habitual do declarante, em conformidade com a lei desse pais, desde que esta se considere competente", deve aplicar-se por interpretação extensiva, a qualquer situação juridica que, por via da decisão judicial estrangeira, se constituiu no pais da residencia habitual dos interessados. II - Por isso, a alinea g) do artigo 1096 do C.P.C. não se aplica no caso da sentença de um tribunal do Canada, que decretou o divorcio de conjuges, que então...
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