Acórdão nº 9331385 de Court of Appeal of Porto (Portugal), 21 de Fevereiro de 1994
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 21 de Fevereiro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART435 ART818 N1 ART916 N1 N2 N3 ART917 ART918 ART919 ART805 ART806.
Jurisprudência Nacional: AC STJ DE 1969/12/09 IN BMJ N192 PAG206. AC RL DE 1979/02/23 IN CJ T1 ANOIV PAG170. AC RP DE 1988/01/27 IN CJ T1 ANOXIII PAG265.
Sumário: I - O requerimento verbal de passagem de guias para depósito de quantia exequenda não é o meio processual adequado para fazer sustar uma execução. II - O requerimento verbal a que se refere o artigo 916, n. 1, segunda parte do Código de Processo Civil, mesmo que o depósito da parte líquida do crédito do exequente se mostre efectuado, não é bastante para, por si só, conduzir à cessação da execução. III - O processo destinado à cessação de execução comporta as seguintes fases distintas: 1 - pedido verbal de guias para depósito da parte líquida...
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