Acórdão nº 077931 de Supremo Tribunal Administrativo (Portugal), 10 de Outubro de 1989 (caso None)
Magistrado Responsável | PINTO FERREIRA |
Data da Resolução | 10 de Outubro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: A REIS ANOTADO VOL3 PAG106 PAG117.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART497 N1 N2 ART498 N1 N2 N3 ART675 N1 ART835 ART1009 N1 N2 N3 ART1010 N1.
Sumário : I - Ocorre a excepção da litispendência quando se instaura uma acção estando pendente, no mesmo tribunal ou noutro, uma outra acção com os mesmos sujeitos, tendo o mesmo pedido e fundada na mesma causa de pedir - artigos 497 n. 1 e 498 do Código de Processo Civil. II - Pressupõe, assim, a litispendência, a repetição de uma causa, ou "a repetição da acção em dois processos diferentes", tendo por função evitar que o tribunal seja colocado em alternativa de contradizer ou reproduzir uma decisão anterior - artigo 497, n. 2 do dito Código. III - O processo de venda de penhor é um misto de acção declarativa e acção executiva. Na fase declaratória apenas está em jogo a existência da obrigação, logo, o direito de crédito invocado pelo autor. Na fase executiva, que se iniciará, ou se poderá iniciar, quando o réu não pagar nem contestar, ou quando, tendo havido contestação, esta improceder e, portanto, for julgada procedente a acção declarativa, proceder-se-á "a venda ou adjudicação do penhor para com o seu produto se efectuar o pagamento ao credor pignoratício. IV - Há identidade de pedido quando numa e noutra causa se pretende obter o mesmo...
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