Acórdão nº 0046712 de Supremo Tribunal Administrativo (Portugal), 26 de Março de 1992 (caso None)
Magistrado Responsável | ANTONIO ABRANCHES MARTINS |
Data da Resolução | 26 de Março de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR COM -TIT CREDITO. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART55 N1 ART56 N1 ART288 N1 D ART490 N1 N4 ART496 B ART510 N1 A B N2 N3 ART511 ART668 N1 D. CCIV66 ART310 D ART595 N1 A N2. LULL ART32 ART34 ART48 ART53 ART70 ART76 ART77 ART78. DL 179/79 DE 1979/06/08 ART4.
Sumário: I - O Estado é detentor legítimo de uma livrança que devia ser paga ao comissariado para os desalojados, por ter havido transmissão legal dos créditos deste operada pelo decreto-lei 179/89, de 8 de Junho, (artigo 4), pelo que é parte legítima na sua execução. II - Saber se o Estado expressamente desvinculou algum dos subscritores da livrança, aceitando a transmissão da dívida para terceiro, o que representa assunção da dívida, deve ser relegado para final, se for controvertido, e, por isso, é de...
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