Acórdão nº 084921 de Supremo Tribunal Administrativo (Portugal), 28 de Abril de 1994 (caso None)
Data | 28 Abril 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC TRIB PLENO.
Decisão: FINDO O RECURSO POR NÃO EXISTIR OPOSIÇÃO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART497 ART498 ART763.
Jurisprudência Nacional: AC STJ DE 1968/12/10 IN BMJ N182 PAG378. AC STJ DE 1969/02/21 IN BMJ N124 PAG249. AC STJ DE 1969/05/30 IN BMJ N187 PAG95. AC STJ DE 1975/06/03 IN BMJ N248 PAG382. AC STJ DE 1980/10/03 IN BMJ N300 PAG293. AC STJ DE 1982/02/10 IN BMJ N314 PAG209.
Sumário : I - Só é admissível recurso para o Pleno se o Supremo Tribunal de Justiça proferir, no domínio da mesma legislação, dois acórdãos que, relativamente à mesma questão fundamental de direito, assentem sobre soluções opostas, o que pressupõe que os mesmos preceitos legais foram interpretados e aplicados diversamente a factos idênticos. II - Não ocorre esse pressuposto, no caso de, no acórdão fundamento, se ter decidido que, não obstante a penhora em execução fiscal do bem arrematado o contrato de arrendamento se mantém, tendo a venda em execução fiscal sido anterior à...
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