Acórdão nº 081514 de Supremo Tribunal de Justiça (Portugal), 04 de Fevereiro de 1992 (caso NULL)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 04 de Fevereiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART514 ART660 N2 ART664 ART676 N1 ART693 N2 ART713 N2 ART724 N2 ART726. CCIV66 ART822 N1.
Jurisprudência Nacional: AC STJ DE 1983/03/07 IN BMJ N325 PAG583. AC STJ DE 1988/01/06 IN BMJ N373 PAG462.
Sumário : I - Não obstante a letra da 2 parte do n. 2 do artigo 724 do Código de Processo Civil, quando o recurso tem efeito meramente devolutivo, pode o recorrido requerer a prestação de caução, por interpretação extensiva deste texto legal (argumento a maiori ad minus). II - Se o crédito do recorrido estiver garantido por penhor o recorrente não é obrigado a prestar caução, porquanto é o que acontece quando há hipoteca judicial (artigo 693 n. 2 do Código de Processo Civil) e esta não passa de uma penhora antecipada, portanto menos eficaz que o penhor, que é um direito real de garantia. III - Se o penhor não vier provado nem a questão for alegada pela parte nem, apreciada pela Relação, o Supremo Tribunal de Justiça não a pode apreciar, dado que os tribunais de recurso só apreciam as...
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