Acórdão nº 9220432 de Court of Appeal of Porto (Portugal), 14 de Dezembro de 1992
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 14 de Dezembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART681 N2 ART687 N3.
Sumário: I - Dispõe o artigo 681, número 2, do Código de Processo Civil, que não pode recorrer quem tiver aceitado a decisão depois de proferida. E acrescenta o seu número 3 que a aceitação da decisão pode ser expressa ou tácita. A aceitação tácita é a que deriva da prática de qualquer facto inequivocamente incompatível com a vontade de recorrer. II - A emissão de recibo e o seu envio ao Excelentíssimo mandatário do apelado, embora pelo valor fixado na sentença, não traduz inequivocamente um facto incompatível com a vontade de recorrer. Constituiria aceitação da decisão e seria impeditivo do recurso o cumprimento dessa decisão pelo apelante, traduzido no pagamento voluntário feito ao recorrido da soma referida na sentença. III - É irrelevante para o indeferimento da interposição do recurso não só a falta da indicação da espécie do recurso como ainda o erro da espécie do recurso. É que o...
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