Acórdão nº 14012/07.0YYLSB-A.L1-2 de Court of Appeal of Lisbon (Portugal), 17 de Setembro de 2009
| Magistrado Responsável | JORGE LEAL |
| Data da Resolução | 17 de Setembro de 2009 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: I – Se a execução para entrega de coisa certa se fundar numa sentença condenatória, o executado só pode invocar, como fundamento de oposição à execução, um facto extintivo ou modificativo da obrigação que seja posterior ao encerramento da discussão no processo de declaração.
II – Não constitui facto modificativo da obrigação exequenda a instauração, contra o exequente e outros, de uma acção declarativa em que os opoentes/executados pretendem que seja reconhecido o seu direito de retenção sobre o imóvel a entregar na execução.
III - A oposição à execução tem a natureza de uma acção declarativa, pelo que pode pôr-se a questão da sua suspensão por influência da pendência de causa prejudicial.
IV – Não actua com abuso de direito o exequente que se limita a pedir ao tribunal que efective a entrega de imóvel a que os...
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