Acórdão nº 9240639 de Court of Appeal of Porto (Portugal), 17 de Novembro de 1992
| Magistrado Responsável | MATOS FERNANDES |
| Data da Resolução | 17 de Novembro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CRC78 ART114 N4. CPC67 ART49.
Sumário: I - Não é estranhável a propositura de duas acções de divórcio, correndo paralelamente em tribunais portugueses, ou até no mesmo tribunal ser uma instaurada por um cônjuge e a outra ser instaurada pelo outro cônjuge, a não ser que entre elas ocorram os requisitos da litispendência. II - Assim também não é estranhável a propositura de uma acção de divórcio em tribunal português e de outra em França, contra os mesmos cônjuges. III - Simplesmente, a sentença proferida no tribunal estrangeiro para produzir efeitos em Portugal terá de ser objecto de revisão e confirmação de harmonia com o disposto no artigo 49, do Código de Processo Civil. IV - Daí que nem o tribunal português se pode eximir à acção de divórcio, nele proposta, nem o Tribunal da Relação pode negar a revisão e...
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