Acórdão nº 084392 de Supremo Tribunal de Justiça (Portugal), 08 de Março de 1994 (caso NULL)
Magistrado Responsável | MACHADO SOARES |
Data da Resolução | 08 de Março de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP. DIR COM - TIT CRÉDITO. DIR CIV - DIR OBG.
Legislação Nacional: LULL ART70. CCIV66 ART309 ART311 N1. CPC67 ART8.
Sumário : I - A escritura de constituição de hipoteca é insusceptível, em si, de exequibilidade, seja como título constitutivo ou como documento recognitivo, por não se apresentar como instrumento criativo de obrigações nem consubstanciar sequer um acto meramente declarativo do seu reconhecimento. II - Para poder figurar como título executivo é necessária a invocação de outros títulos que contenha a reconstituição ou reconhecimento das obrigações a que referem a reclamação do crédito. III - Referindo-se no texto da escritura que certas letras de câmbio dela fazem parte integrante para o efeito de execução é lícito concluir que, no caso, exibe uma dupla força executiva: a que advem dos próprios títulos...
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