Acórdão nº 0123863 de Court of Appeal of Porto (Portugal), 25 de Setembro de 1990
Magistrado Responsável | TATO MARINHO |
Data da Resolução | 25 de Setembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART305 ART308 N2 ART315 N1 N2 ART1024. CCIV66 ART441 ART180. CCOM888 ART114. LSQ ART1 ART6 ART7 ART8 ART9.
Jurisprudência Nacional: AC STJ DE 1979/11/14 IN BMJ N291 PAG413. AC STJ DE 1969/10/24 IN BMJ N190 PAG344. AC STJ DE 1979/03/14 IN BMJ N285 PAG288.
Sumário: I - O valor da causa para efeitos de competência e alçada do tribunal fica definitivamente fixado no saneador se as partes, expressa ou tacitamente, tiverem aceite o valor indicado pelo autor na petição inicial e o juíz nada decidir. II - A consignação em depósito consiste num modo de extinção das obrigações e normalmente apresenta-se numa dupla fase: substantiva e processual. Substantiva, nos termos do artigo 841 do Código Civil, quando o devedor efectua o depósito judicial da coisa devida, à ordem do credor, com o fim de se libertar definitivamente do vínculo obrigacional; adjectiva ou processual, nos...
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