Acórdão nº 0409283 de Court of Appeal of Porto (Portugal), 04 de Abril de 1990
Magistrado Responsável | NOEL PINTO |
Data da Resolução | 04 de Abril de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART813 ART815 ART817. DL 605/75 DE 1975/11/03 ART13. DL 78/87 DE 1987/02/17 ART2 G.
Sumário: I - Nos termos do artigo 817 do Código de Processo Civil, a rejeição imediata dos embargos à execução tem três fundamentos: a) - se tiverem sido deduzidos fora do prazo; b) - se o fundamento não se ajustar ao disposto nos artigos 813 a 815; c) - se for manifesta a improcedência da oposição do executado. II - Se o Ministério Público propõe uma acção contra particulares por condenação em processo penal para, com ela, obter o pagamento da indemnização acolá fixada e os embargantes invocam a ilegitimidade do exequente com fundamento na revogação...
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