Acórdão nº 9331223 de Court of Appeal of Porto (Portugal), 02 de Maio de 1994
| Magistrado Responsável | BRAZÃO DE CARVALHO |
| Data da Resolução | 02 de Maio de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART45 N1 ART46 C ART50 ART55.
Sumário: I - É pelo título executivo que se determina o tipo da acção executiva e o seu objecto, bem como a legitimidade activa e passiva. II - Havendo dúvidas acerca do tipo ou do objecto da obrigação titulada, o título deixa de ser exequível, devendo o credor ou titular da prestação, em acção declarativa prévia, obter a conversão daquele estado de dúvida em estado de certeza. III - É pelo menos duvidoso que a expressão " livre de ónus ou encargos " contida...
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