Acórdão nº 0202178 de Court of Appeal of Porto (Portugal), 30 de Janeiro de 1990
| Magistrado Responsável | LEONEL ROSA |
| Data da Resolução | 30 de Janeiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1410 N1 CPC67 ART672.
Jurisprudência Nacional: AC STJ DE 1972/05/12 IN BMJ N217 PAG118.
Sumário: I - A sentença que considera englobados na expressão " preço devido ", usada no artigo 1410, n. 1, do Código Civil, o montante de despesas com a sisa e arrematação, infringe o caso julgado formal ( v. artigo 672 do Código de Proceso Civil ) implicitamente consubstanciado em anterior despacho que, deferindo ao requerido na petição inicial, ordenou apenas a passagem de guias de depósito da quantia correspondente ao valor pecuniário da coisa alienada. II - A questão do âmbito da locução " preço devido " tem sido objecto na Doutrina e na Jurisprudência de opiniões e decisões díspares: enquanto para uns a expressão " preço devido ", ínsita no artigo...
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