Acórdão nº 8632/15.6T8STB-A.E1 de Tribunal da Relação de Évora, 07 de Junho de 2018
Magistrado Responsável: | CONCEIÇÃO FERREIRA |
Data da Resolução: | 07 de Junho de 2018 |
Emissor: | Tribunal da Relação de Évora |
Apelação n.º 8632/15.6T8STB-A.E1 (2ª Secção Cível) ACORDAM OS JUÍZES DA SECÇÃO CÍVEL DO TRIBUNAL DA RELAÇÃO DE ÉVORA Na ação executiva a correr termos no Tribunal Judicial da Comarca de Setúbal (Juízo de Execução de Setúbal - Juiz 1), instaurada por Condomínio Sito na Urbanização da Quinta do (…), Lote 5, contra (…) – Compra e Venda de Imóveis, Unipessoal, Lda.
, veio esta, por apenso, apresentar embargos de executado, invocando a prescrição dos alegados créditos anteriores a abril de 2012, a invalidade do título executivo (ata assembleia de condóminos), a invalidade do aumento da quota mensal de condomínio porquanto não se serve das escadas nem do elevador, a invalidade da ata nº 13, a intempestividade da remessa aos condóminos, no caso à embargante, da ata nº 11.
A exequente/embargada veio contestar, concluindo pela improcedência dos embargos.
Por requerimento de 30/11/2015 a exequente/embargada veio “reduzir o pedido às quantias devidas a partir de Janeiro de 2013”.
Em sede de saneamento do processo foi proferida sentença pela qual se julgou parcialmente procedente a ação de embargos e se decidiu “declarar prescritas as quotas mensais de condomínio anteriores a janeiro de 2013, devendo a execução prosseguir pelo para pagamento do valor de 9.477,02 euros acrescidos dos juros de mora legais/civis, a 4% ao ano, a contar da data de vencimento de cada uma das prestações ao dia 8 do mês a que respeitam.
”+ Inconformada com esta sentença, interpôs a executada, o presente recurso de apelação, terminando nas respetivas alegações, por formular as seguintes conclusões que se transcrevem: “1.
Ao contrário do entendido na douta sentença posta em crise, as despesas condominiais ordinárias não tem a característica de ambulatoriedade, porque destinadas a custear despesas habituais originadas pela utilização de serviços ou pelo consumo de bens necessários a assegurar a funcionalidade normal do condomínio.
-
Ao decidir em sentido contrário violou a Sentença Recorrida o Artigo 1421.º do C.C.
Acresce que, 3.
Ao contrário do que sustenta a douta Sentença de que se recorre, a obrigação não é líquida e exigível na medida em que, no requerimento executivo, não se faz qualquer menção ao prazo de vencimento da dívidas, que aliás varia consoante a quota condominial em causa, 4.
E nessa medida o requerimento executivo é inepto – Artigo 724.º / 1.º do CPC, 5.
Ao decidir em sentido contrário, violou a douta sentença recorrida o citado normativo legal.
”+...
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