Acórdão nº 9721277 de Court of Appeal of Porto (Portugal), 05 de Maio de 1998
| Magistrado Responsável | RAPAZOTE FERNANDES |
| Data da Resolução | 05 de Maio de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART46 A ART47 N1 ART677 ART678 N1.
Sumário: I - Para que tenha aplicação o disposto na parte final do n.1 do artigo 47 do Código de Processo Civil é necessário que tenha sido efectivamente interposto recurso da sentença condenatória proferida em acção declarativa e que a esse recurso tenha sido atribuído, de facto, efeito meramente devolutivo. II - Não basta que da sentença condenatória caiba, em abstracto, recurso, sem que o mesmo tenha...
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