Acórdão nº 9620309 de Court of Appeal of Porto (Portugal), 02 de Julho de 1996
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 02 de Julho de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR JUDIC - CONFLITOS. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART484 ART490 ART817 N2. LOTJ87 ART81 N1.
Jurisprudência Nacional: AC RP DE 1993/09/23 IN CJ T4 ANOXVIII PAG212.
Sumário: I - Sendo os embargos de executado essencialmente um meio de oposição à execução, à falta de contestação dos mesmos é inaplicável o preceituado no artigo 484 do Código de Processo Civil, dela resultando apenas a admissão por acordo dos factos alegados, excepto se estiverem em oposição com a versão de facto constante do requerimento executivo ou se se verificarem as restantes excepções do artigo 490 do mesmo Código, impondo-se então que, sendo o valor superior...
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