Acórdão nº 0039821 de Court of Appeal of Lisbon (Portugal), 16 de Abril de 1991
| Magistrado Responsável | JOAQUIM DIAS |
| Data da Resolução | 16 de Abril de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: J A REIS PROC EXEC I PAG161. L CARDOSO MANUAL PAG73. A A CASTRO A ACÇÃO EXECUTIVA PAG30. PINTO COELHO RLJ ANO82 PAG193.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART45 ART50 ART474 N1 C ART801 ART813 A.
Sumário: I - O título executivo é o pressuposto processual necessário e suficiente da acção executiva porque consubstancia com precisão e obrigação do devedor. II - As escrituras públicas nas quais se convencionem prestações futuras, para constituirem títulos executivos têm de ser complementadas com documentos comprovativos de o credor haver efectuado alguma prestação em cumprimento do negócio. III - Sendo futuras as prestações em relação à data da celebração da escritura, não prova esta a existência de obrigação alguma, mas tão só uma promessa. IV - A prova das prestações do creditante pode ser...
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