Acórdão nº 98B1178 de Supremo Tribunal de Justiça (Portugal), 03 de Fevereiro de 1999 (caso NULL)
| Magistrado Responsável | DIONISIO CORREIA |
| Data da Resolução | 03 de Fevereiro de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: A REIS IN PROCESSOS ESPECIAIS VOL I PÁG440.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART1040 ART1041 N1 ART1042. CCIV867 ART1033. CCIV66 ART342 N1 ART610 A B ART611 ART612 N1 N2.
Jurisprudência Nacional: AC STJ DE 1963/06/14 IN BMJ N128 PAG473.
Sumário : I - A rejeição dos embargos de terceiro apenas pode ser proferida na fase preliminar contemplada no artigo 1042 do CPC - juízo de mera probabilidade ou verosimilhança ínsito no respectivo despacho inicial. II - A esta fase segue-se a fase da acção propriamente dita (fase contraditória ou contenciosa), em cujo termo será emitido um juízo de certeza conducente à procedência ou improcedência dos embargos. III - Impende sobre o embargado que invocar uma dada simulação contratual em que alegadamente haja...
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