Acórdão nº 9620116 de Court of Appeal of Porto (Portugal), 11 de Junho de 1996
Data | 11 Junho 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART811 N1 N3 ART813 H ART203 ART205.
Sumário: I - A substituição da formalidade prevista no n.1 do artigo 811 do Código de Processo Civil ( citação do executado para pagar ou nomear bens à penhora ) pela do seu n.3 ( notificação do requerimento inicial e do despacho determinativo da penhora ) configura mera nulidade secundária. II - Em execução, o erro na forma de processo não pode constituir objecto de embargos de executado, mas de recurso de agravo a interpor do despacho de citação ou de...
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