Acórdão nº 9551245 de Court of Appeal of Porto (Portugal), 29 de Abril de 1996
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 29 de Abril de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR COM - TIT CRÉDITO. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART653 N2 ART655 N1 ART660 N2 ART668 N1 D ART712 N3. CP82 ART128. CP95 ART129. CPP87 ART71 ART72 ART84.
Jurisprudência Nacional: AC STJ DE 1974/02/15 IN BMJ N234 PAG204. AC STJ DE 1975/11/25 IN BMJ N251 PAG127. AC STJ DE 1980/07/04 IN BMJ N299 PAG320. AC STJ DE 1977/03/13 IN BMJ N265 PAG179. AC STJ DE 1978/01/17 IN BMJ N273 PAG195.
Sumário: I - Alegando a embargante factos integrantes da excepção do pagamento das quantias dos cheques em que se funda a execução, mas tendo o tribunal, a esse respeito, dado apenas como provado que " as contas das relações comerciais entre o falecido marido da embargante, esta e o embargado eram feitas em agenda ", não procede a invocada excepção de pagamento, havendo que concluir pela improcedência da oposição deduzida, pelo que o acórdão, resolveu a questão suscitada, não incorrendo por isso em omissão de pronúncia. II - É suficiente à fundamentação do acórdão ter o Colectivo deixado consignado que " as respostas positivas aos quesitos basearam-se nos depoimentos das...
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