Acórdão nº 0124717 de Court of Appeal of Porto (Portugal), 18 de Junho de 1991
| Data | 18 Junho 1991 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART931 ART933 N2 ART934.
Sumário: 1 - So em sede de oposição a execução, e não ja na da liquidação, e que pode ser suscitada a questão de saber se a prestação, a que os executados se obrigaram em transacção homologada judicialmente, e uma prestação de facto negativo, e não positivo como se decidira. 2 - A liquidação pressupõe necessariamente o incumprimento da obrigação, pois foi devido a este incumprimento que se requereu a indemnização e oportunamente se procedeu a liquidação do valor da indemnização. 3 - Como o facto não era fungivel, pois so os executados...
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