Acórdão nº 98A1144 de Supremo Tribunal de Justiça (Portugal), 03 de Dezembro de 1998 (caso NULL)
Data | 03 Dezembro 1998 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV - PROC EXEC. DIR CIV - TEORIA GERAL.
LegislaÁ„o Nacional: CPC67 ART487 ART489 ART811 ART813. CCIV66 ART342.
JurisprudÍncia Nacional: AC STJ DE 1995/03/02 IN CJSTJ ANO1995 TI PAG112. AC STJ DE 1996/02/29 IN CJSTJ ANO1996 TI PAG102. AC STJ DE 1980/07/29 IN BMJ N299 PAG280. ASS STJ DE 1960/05/24 IN BMJ N97 PAG173.
Sum·rio : I - A oposiÁ„o ‡ execuÁ„o de sentenÁa pode ter por fundamento qualquer facto de natureza extintiva ou modificativa da obrigaÁ„o desde que seja posterior ao encerramento da discuss„o no processo de declaraÁ„o e se prove por documento. II - A prescriÁ„o do direito ou da obrigaÁ„o pode ser provada por qualquer meio. III - N„o tem a caracterÌstica indicada em I a invocaÁ„o da propositura de uma acÁ„o, de cuja procedÍncia resultaria a extinÁ„o da obrigaÁ„o exequenda. IV -...
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