Acórdão nº 9630380 de Court of Appeal of Porto (Portugal), 20 de Junho de 1996
Magistrado Responsável | OLIVEIRA VASCONCELOS |
Data da Resolução | 20 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART841 ART846. CPC67 ART1024 ART1029.
Sumário: I - A consignação em depósito consiste num modo de extinção das obrigações que se apresenta normalmente numa dupla fase: substantiva e processual. Substantiva, nos termos do artigo 841 do Código Civil, quando o devedor efectua o depósito judicial da coisa devida, feito à ordem do credor. Processual, nos termos dos artigos 1024 e seguintes do Código de Processo Civil e que se destina a averiguar da verificação dos pressupostos que permitem a consignação e que são os seguintes: a existência de uma obrigação; a impossibilidade do devedor, sem culpa sua, efectuar a prestação por qualquer motivo relativo à pessoa do credor; e a existência de mora do credor. II - Se o credor tiver motivo justificado para recusar o pagamento, como, por exemplo, no caso de o devedor oferecer quantia inferior à que considera devido, abre-se então o processo previsto no artigo 1029 do Código de Processo Civil, deduzindo o credor, na contestação, a sua pretensão, valendo esta impugnação como petição inicial...
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