Acórdão nº 9630480 de Court of Appeal of Porto (Portugal), 20 de Junho de 1996
Magistrado Responsável | SALEIRO DE ABREU |
Data da Resolução | 20 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART45 N1 ART46 A ART474 N1 A C. RAU90 ART55 N1 N2 ART59 ART63 N2 ART64.
Jurisprudência Nacional: AC RP DE 1981/04/23 IN CJ T2 ANOVI PAG124.
Sumário: I - Instaurada execução por apenso a uma acção de despejo que terminou por transacção homologada por sentença transitada em julgado, em que, nos termos de uma das cláusulas dessa transacção, a Ré se obrigou, em determinado prazo, e sob pena de ser resolvido o contrato de arrendamento entre Autores e ela, a efectuar as obras aí enumeradas e sendo certo que, decorrido esse prazo, as obras não foram realizadas, haverá que indeferir liminarmente o requerimento em que o exequente pede se passe mandado para execução do despejo. II - Com efeito, toda a acção executiva tem por base um título, só que a execução agora instaurada não tem, em rigor, título executivo, já que a sentença em questão não homologou qualquer resolução do contrato nem condenou a arrendatária na entrega do locado, pois as partes não acordaram revogar o contrato de arrendamento nem, consequentemente, a arrendatária se obrigou a despejar o arrendado. III - A entender-se...
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