Acórdão nº 9330630 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1994
Data | 01 Fevereiro 1994 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART57. CCIV66 ART577 N1 ART578 N1 ART424 N1 ART595.
Jurisprudência Nacional: AC RP DE 1982/04/13 IN BMJ N316 PAG275. AC RP DE 1993/01/14 IN CJ ANOXVIII T2 PAG179.
Sumário: I - O artigo 67 do Código de Processo Civil nada tem a ver com o fenómeno da sucessão prevenido no artigo 56; refere-se a certos casos em que as pessoas estão sujeitas à eficácia executiva da sentença, apesar de não terem a posição de sucessores do originário devedor. II - O credor pode ceder a terceiro uma parte ou a totalidade do crédito independentemente do consentimento do devedor, contanto que a cessão não seja interdita por determinação da lei ou convenção das partes e o crédito não esteja, pela própria natureza da prestação, ligado à pesssoa do devedor. III - Consiste, portanto, esta figura na substituição do credor originário por outra pessoa, mantendo-se inalterados os restantes elementos da relação obrigacional. IV - A cessão tem por objecto créditos...
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