Acórdão nº 0064771 de Supremo Tribunal Administrativo (Portugal), 28 de Setembro de 1993 (caso None)
| Magistrado Responsável | BETTENCOURT FARIA |
| Data da Resolução | 28 de Setembro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART26 N3 ART50 N2 ART55 N1 ART56 N2 ART57 ART73 ART74 N2 ART108 ART109.
Sumário: I - O artigo 56 n. 2 do Código de Processo Civil consagra caso de extensão expressa da legitimidade passiva para a acção executiva. É em relação ao devedor - e não ao possuidor - que se devem aferir os requisitos da exequibilidade do título. II - Ainda que não sejam juntos ao requerimento inicial da execução os documentos passados em conformidade com as cláusulas da escritura que demonstrem as prestações efectuadas, é a escritura título executivo se forem juntos documentos dotados de força executiva que comprovem as referidas prestações. III - A infracção...
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