Acórdão nº 9920106 de Court of Appeal of Porto (Portugal), 06 de Abril de 1999
| Magistrado Responsável | PELAYO GONÇALVES |
| Data da Resolução | 06 de Abril de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART659 N2 ART815. CCIV66 ART1148 N2. CCOM888 ART362.
Jurisprudência Nacional: AC STJ DE 1993/10/28 IN BMJ N430 PAG443. AC STJ DE 1993/06/08 IN CJSTJ T3 ANOI PAG5.
Sumário: I - Os embargos de executado só podem basear-se em motivos susceptíveis de destruir, modificar ou impedir a existência da obrigação exequenda, como meio de defesa no processo de declaração. II - Não pode, assim, um executado embargar não só com o fim de invalidar o direito do exequente, mas também para conseguir que ele seja condenado a pagar-lhe quantia em dinheiro, certa e determinada. III - Ao especificar os factos já provados, entre os que foram oportunamente alegados, o juiz...
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