Acórdão nº 9720496 de Court of Appeal of Porto (Portugal), 27 de Maio de 1997
| Magistrado Responsável | EMIDIO COSTA |
| Data da Resolução | 27 de Maio de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA ALBERTO DOS REIS IN PROCESSOS ESPECIAIS VOL1 PAG341 E 366.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1302.
Sumário: I - A consignação em depósito destina-se a permitir ao devedor que exerça o direito de se libertar da dívida mediante o pagamento, quando encontre obstáculos para se exonerar extrajudicialmente. Se depositar a coisa devida sem motivo justificado - isto é, sem tentar o pagamento extrajudicial ou sem encontrar existência ou obstáculo nesse pagamento -, a acção de consignação em depósito improcede. II - Ao requerente, Réu na acção de reivindicação em que foi condenado a entregar aos Autores o rés-do-chão de determinado prédio, não baste, para...
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