Acórdão nº 082867 de Supremo Tribunal Administrativo (Portugal), 29 de Setembro de 1993 (caso None)
Magistrado Responsável | FARIA DE SOUSA |
Data da Resolução | 29 de Setembro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR COM - TIT CR…DITO.
LegislaÁ„o Nacional: DL 242/85 DE 1985/07/09. CPC67 ART51. CCIV66 ART12 N1 N2. CCOM888 ART101. LULL ART32 N1 ART47 N1 ART53 N1 ART70 ART77.
Sum·rio : I - A funÁ„o do tÌtulo executivo È dar origem ‡ acÁ„o executiva, criando para o credor o poder de promover a acÁ„o, para o tribunal o dever de execuÁ„o e, para o devedor a sujeiÁ„o ‡ sanÁ„o executiva. II - O direito ‡ acÁ„o È um direito substantivo e n„o adjectivo, daÌ que o CÛdigo de Processo Civil n„o define o que È um tÌtulo executivo, limitando-se a indicar quais s„o e quais os seus requisitos de exequibilidade. III - O Decreto-Lei 242/85 alterou o disposto no artigo 51 do CÛdigo de Processo Civil dispensando o reconhecimento notarial em todos os tÌtulos particulares, nomeadamente as livranÁas, como condiÁ„o de exequibilidade. IV - O artigo 32 da Lei Uniforme preceitua que o dador de aval È respons·vel da mesma maneira que a pessoa avalizada. Um e outro est„o obrigados ao pagamento do tÌtulo, respondendo solidariamente com...
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