Acórdão nº 0224530 de Court of Appeal of Porto (Portugal), 05 de Abril de 1990
| Magistrado Responsável | ARAGÃO SEIA |
| Data da Resolução | 05 de Abril de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: REVOGADA A DECISÃO. NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC66 ART784 N2 ART817 N1 N2 ART818 ART925.
Jurisprudência Nacional: AC RC DE 1980/12/08 IN CJ T5 ANOV PAG199. AC RL DE 1981/03/17 IN BMJ N310 PAG321.
Sumário: I - Os embargos, representando oposição à petição executiva, traduzem-se, no fundo, na contestação dessa petição, correndo por apenso porque a sua tramitação, além de não implicar necessariamente a suspensão da execução, se transforma normalmente em processo declarativo, que, desde logo por a execução poder continuar correndo, adviria separar da execução propriamente dita. II - Com o articulado que apresentou, em que diz vir "contestar a acção sumária contra si deduzida pelo (...), para pagamento de quantia certa por subscrição de livrança", o executado expressou de modo claro que pretendia deduzir oposição à execução. III - A cominação está ligada...
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