Acórdão nº 0044211 de Supremo Tribunal Administrativo (Portugal), 02 de Julho de 1991 (caso None)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 02 de Julho de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART45 ART50.
Sumário: I - O título executivo é condição necessária e suficiente para que o credor possa promover a execução. II - Necessária, porque não é possível qualquer execução que não se baseie em título executivo. III - Suficiente porque a sua existência pressupõe a via executiva. IV - O título executivo deve provar a existência de uma obrigação a qual só pode ser a incorporada no título (não pode executar-se o título por uma outra obrigação, porventura existente, mas que não seja a incorporada no título). V - Em embargos de executado pode apurar-se a relação existente entre o...
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