Acórdão nº 2492/12.6TBFUN-A.L1-2 de Court of Appeal of Lisbon (Portugal), 17 de Dezembro de 2014
Magistrado Responsável | JORGE VILA |
Data da Resolução | 17 de Dezembro de 2014 |
Emissor | Court of Appeal of Lisbon (Portugal) |
Decisão Texto Parcial:
Acordam no Tribunal da Relação de Lisboa I – Relatório ESCOLA DE CONDUÇÃO ... LDA.
interpôs recurso do despacho que indeferiu o requerimento de junção de recibos comprovativos do pagamento da quantia exequenda proferido na execução que se encontra a correr termos pela Comarca da Madeira – Funchal – Instância Central – Secção de Execução – J1 que lhe foi instaurada por X – EQUIPAMENTOS E SERVIÇOS DA MADEIRA, LDA.
, formulando as “CONCLUSÕES”, que se transcrevem: 1ª – A exibição dos recibos de pagamento da quantia pedida em sede de execução faz tornar inútil a prossecução do processo e os actos processuais consequentes (artigo 287º alínea e) do CPC aplicável).
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– Mesmo que a junção de documentos pelo Executado que titulem o recibo das quantias peticionadas em sede de execução tenha lugar após a fase de oposição à penhora ou à execução, o Tribunal, pelo dever que resulta do artigo 265º n.º 3 do CPC à data em vigor, não pode deixar de averiguar da sua veracidade e no confronto com os demais documentos há-de concluir pela verdade material subjacente.
Não foram apresentadas contra-alegações pela apelada.
II - Fundamentação Cumpre apreciar e decidir: Ao presente recurso é aplicável o Código de Processo Civil, aprovado pela Lei n.º 41/2013, de 26 de Junho.
Nos termos do art.º 635º, n.º 4, do referido código, o objecto do recurso é limitado e definido pelas conclusões da alegação do recorrente.
Assim, no âmbito do presente recurso de apelação a questão que cabe conhecer é a de saber se é admissível no processo de execução o...
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