Acórdão nº 9110721 de Court of Appeal of Porto (Portugal), 21 de Maio de 1992
| Magistrado Responsável | MARIO CANCELA |
| Data da Resolução | 21 de Maio de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC EXEC / RECURSOS. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART47 N2 ART74 N1 ART213. CCIV66 ART610 ART616. CCIV867 ART1044.
Sumário: I - Uma sentença de condenação de que foi interposto recurso com efeito meramente devolutivo constitui título executivo. II - E só deixaria de produzir efeitos se fosse modificada em conformidade com a decisão definitiva. III - Cabe ao executado, e não ao exequente, fazer a prova de que a sentença foi modificada. IV - Se o credor pode executar a sentença, pode fazer o necessário para assegurar o fim da execução, ou seja, que os bens fiquem em situação de poderem ser executados. V - Na impugnação pauliana o autor tem de provar ser o seu crédito anterior ao acto impugnado ou, ainda posterior, ter sido este realizado dolosamente com o fim de impedir a satisfação do futuro credor, resultando do acto a...
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