Acórdão nº 088121 de Supremo Tribunal Administrativo (Portugal), 11 de Janeiro de 1996 (caso None)
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 11 de Janeiro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART176 ART187 ART264 ART279 N1 ART619 N1 ART629 N1 C ART1198 ART1819. DL 137/86 DE 1986/07/02 ART154. CCIV66 ART341 ART342 ART388.
Sumário : I - Os embargantes, como herdeiros do avalista das livranças em execução, não fizeram qualquer prova da declaração de insolvência ou falência desse avalista falecido para haver uma acção prejudicial causal da pedida suspensão da execução. II - E também não há razão para a suspensão dos embargos pois se estes forem julgados procedentes, baseados na falsidade da assinatura do avalista, esta decisão pode influir na falência pelo desaparecimento da dívida, mas a falência não tem qualquer interferência na decisão dos embargos, pois se forem julgados improcedentes essa decisão é inócua relativamente à falência, assim como o decretamento desta inócua é para a decisão dos embargos. III -...
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