Acórdão nº 085506 de Supremo Tribunal Administrativo (Portugal), 20 de Setembro de 1994 (caso None)
Data | 20 Setembro 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: FERRER CORREIA IN LIÇÕES DIR COM - AS LETRAS - PAG45. J G PINTO COELHO IN DIR COM - AS LETRAS FASCICULOII PAG45.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV - PROC EXEC. DIR COM - TIT CRÉDITO.
Legislação Nacional: CCIV66 ART334 ART342 N2 ART344. CPC67 ART801 ART813 ART814 ART815 N1. LULL ART17. CICAP62 ART3 N2. CIRS88. CIRC88.
Sumário : I - No processo executivo não existe o articulado denominado "contestação", mas o executado pode opôr-se por embargos. II - Mas, se o título executivo for uma letra de câmbio, pode alegar, além dos fundamentos específicos do artigo 813 do Código de Processo Civil, quaisquer outras admissíveis como defesa no processo de declaração - artigo 815, n. 1 do mesmo Código. III - Embora sejam aplicáveis ao processo de execução as disposições que regulam o processo de declaração, não é possível na execução alterar a causa de pedir, porque, além do mais, não existe articulado próprio para isso. IV - Os embargos são um meio de oposição de executado, ou por outras palavras, um meio de defesa para lhe possibilitar a alegação e prova de que não deve pagar o montante constante do título executivo, sendo os seus fundamentos diferentes conforme a natureza do título executivo - artigos 813, 814 e 815 do referido Diploma...
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