Acórdão nº 9730295 de Court of Appeal of Porto (Portugal), 24 de Abril de 1997
| Magistrado Responsável | ALVES VELHO |
| Data da Resolução | 24 de Abril de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART47 N3 N4 ART916.
Sumário: I - O n.3 do artigo 47 do Código de Processo Civil pressupõe a acção executiva finda por qualquer meio, ficando apenas suspensa a entrega ao credor da quantia correspondente ao seu crédito. II - Essa quantia é a que for devida ( o crédito actual ) ao tempo da extinção da execução, seja por via de pagamento voluntário ou não. III - É licíto ao executado, em execução para pagamento de quantia certa em que foi condenado por sentença pendente de recurso com efeito meramente devolutivo proceder à remição da execução, nos termos do artigo 916 do Código de Processo Civil, podendo o exequente...
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