Acórdão nº 9421150 de Court of Appeal of Porto (Portugal), 21 de Fevereiro de 1995
Data | 21 Fevereiro 1995 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART578 N4 ART666 N1 ART813 A B ART935 N1 ART953.
Jurisprudência Nacional: AC STJ DE 1990/03/30 IN AJ N7/90 PAG22.
Sumário: I - A falta de ambas as partes ao acto de nomeação de peritos para, em processo executivo, se determinar o custo da prestação de facto a que o responsável está obrigado, não tem como efeito a desistência da diligência. II - Não é aplicável ao processo civil executivo o disposto no artigo 578, n.4 do Código de Processo Civil. Tal norma é exclusiva do processo civil declaratório. III - Os fins e os limites da execução são definidos pela sentença condenatória no caso de ser esta o título executivo. Mas não pode excluir-se a ideia de a sentença - título executivo - necessitar de ser interpretada ou integrada...
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