Acórdão nº 97A141 de Supremo Tribunal de Justiça (Portugal), 01 de Julho de 1997 (caso NULL)
Data | 01 Julho 1997 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG. DIR COM - TIT CRÉDITO.
Legislação Nacional: CPC67 ART46 C ART51 N1 ART498 N4 ART664 ART729 N3. PORT 339/87 DE 1987/04/24. PORT 1171/95 DE 1995/09/25. CCIV66 ART762 N2. LULL ART77 ART78.
Jurisprudência Nacional: AC STJ PROC84081 DE 1993/06/08.
Sumário : I - A causa de pedir é constituida por circunstancialismo fáctico concreto, embora, em termos executivos, deva estar reflectido no chamado título executivo. II - Se um exequentes juntou uma livrança, subscrita pela executada, a livrança é o título executivo, ainda que a tenha explicado como inserida num processo de empréstimo. III - A redução do pedido, mesmo em processo executivo, é livre, da parte do exequente, com ou sem acordo do executado. IV - A elaboração de...
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