Acórdão nº 003774 de Supremo Tribunal Administrativo (Portugal), 09 de Fevereiro de 1994 (caso None)
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 09 de Fevereiro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: ANULADA A DECISÃO. ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: M ANDRADE NOÇÕES ELEMENTARES DE PROC CIV VOLI 1956 PAG286. A VARELA BEZERRA NORA MANUAL PROC CIV 1984 PAG687. A REIS CPC ANOT VVPAG29.
Área Temática: DIR PROC CIV - PROC EXEC / RECURSOS. DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART45 N1 ART47 N1 ART456 N2 ART667 N1 N2 ART668 ART669 ART677 ART716 N1 N2 ART729 N3. DL 372-A/75 DE 1975/07/16 ART12 N2. DL 64-A/89 DE 1989/02/27 ART2.
Sumário : I - A acção executiva supõe, necessariamente, um título executivo que, nesta espécie de acções, corresponde à causa de pedir. II - O título executivo é condição necessária da execução, na medida em que os actos executivos não podem ser praticados senão na presença dele e é também condição suficiente da acção executiva, uma vez que, na sua presença, seguir-se-á imediatamente a execução, sem necessidade de qualquer indagação prévia sobre a não existência do direito a que se refere. III - É pela análise do título executivo que se há-de...
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