Acórdão nº 069679 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1981 (caso NULL)
Magistrado Responsável | CORTE REAL |
Data da Resolução | 02 de Dezembro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART1146 N2. DL 49213 DE 1969/08/29 ART7 N2 ART13 N2. DL 21730 DE 1932/10/14 ART3. DL 200-C/80 DE 1980/06/24. CPC67 ART668 N1 D ART729 N2.
Jurisprudência Nacional: AC STJ DE 1979/10/16 IN BMJ N290 PAG386. AC STJ DE 1980/05/13 IN BMJ N297 PAG302.
Sumário : I - Não alegando e provando o devedor qualquer situação, qualquer acontecimento, a ele não imputável que o impossibilitasse ou impedisse, de modo absoluto, de temporariamente cumprir a sua obrigação, não existisse essa impossibilidade do artigo 792 do Código Civil. II - Não constitui abuso de direito a credora instaurar a execução, depois de longa demora, sem esperar o termo de negociações do devedor com a banca, para viabilizar...
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