Acórdão nº 0409335 de Court of Appeal of Porto (Portugal), 24 de Setembro de 1991
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 24 de Setembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REV SENT ESTRANGEIRA.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR FAM. DIR INT PRIV.
Legislação Nacional: CPC67 ART1094 N1 ART1096 A B C D E F G ART1101 ART1102 N1 ART1423. CPC39 ART1102 N7. CCIV66 ART22 N1 ART31 N2 ART1672 ART1775 N2 ART1776 N1 ART1777 ART1779 N1.
Jurisprudência Nacional: AC STJ DE 1987/05/05 IN BMJ N367 PAG449. AC STJ DE 1988/04/28 IN BMJ N376 PAG583. AC STJ DE 1987/03/31 IN BMJ N365 PAG592 IN RLJ ANO121 PAG265. AC STJ DE 1987/07/07 IN BMJ N369 PAG504. AC STJ DE 1987/10/06 IN BMJ N370 PAG501. AC STJ DE 1986/05/28 IN BMJ N357 PAG354. AC STJ DE 1988/11/24 IN BMJ N381 PAG598. AC STJ DE 1988/12/14 IN BMJ N382 PAG484.
Sumário: 1 - No âmbito da revisão de sentença estrangeira que decretou o divórcio, sendo português um dos cônjuges, é possível entrever uma evolução na Jurisprudência do Supremo Tribunal de Justiça: partindo do imperativo da revisão de mérito no caso do artigo 1096, alínea g) do Código de Processo Civil, com a exigência de que a sentença revidenda contenha, em todos os casos, a enunciação dos factos em que se fundamentou; numa segunda fase aceita que essa revisão de mérito se satisfaz quando, não se indicando a matéria de de facto provada, todavia se consideram provados fundamentos de direito inequívocos correspondentes aos exigidos pela lei portuguesa, ou dispensando aquela indicação se se puder concluir que tudo se passou como se a acção de divórcio, tendo começado por ser litigiosa, se veio a transformar em divórcio por mútuo consenso; afasta, numa terceira fase, a revisão de mérito se o português, vencido na sentença, a aceita requerendo a sua confirmação ou mostrando por outro modo que concorda com ela; e, por último, não considera exigível essa revisão de mérito em...
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