Apelação
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 30-31 |
s.f. (lat. appellatione).
s.c.: acto ou efeito de apelar; apelo; chamamento.
O recurso de apelação compete da sentença final e do despacho saneador que conheçam do mérito da causa.
A interpelação do recurso de apelação suspende a exequibilidade da decisão recorrida, salvo as excepções previstas no Código de Processo Civil.
É de atentar que quando a suspensão da execução seja susceptível de causar à parte vencedora prejuízo considerável, a parte vencida pode, evitar a execução, desde que declare, quando ouvida, que está pronta a prestar caução.
Remissões:
arts. 691.º a 720.º C.P.C..
art. 623.º C.C..
Page 31
Jurisprudência:
Ac. Rel. Coimbra, de 25/3/03, in JTRC01948/ITIJ/Net.
Ac. S.T.J., de 4/4/02, in Sumários, 4/2002.
Ac. S.T.J., de 15/2/95, in B.M.J., 444.º-506.
História:
A Revolução Francesa proclamou, entre outros princípios, o do duplo grau de jurisdição: para assegurar, quanto possível, a justiça da decisão, convém que, em regra, o pleito passe pelo exame sucessivo de dois tribunais de categoria diferente. Depois de julgada a causa por determinado tribunal importa que ela seja...
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