Acórdão nº 9650343 de Court of Appeal of Porto (Portugal), 30 de Setembro de 1996
Magistrado Responsável | SIMÕES FREIRE |
Data da Resolução | 30 de Setembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: PROVIDO. CONFIRMADA A DECISÃO.
Área Temática: DIR TRIB - APOIO JUD. DIR PROC - PROC EXEC. DIR COM - TIT CRÉDITO.
Legislação Nacional: DL 387-B/87 DE 1987/12/29 ART20 N1 C. CPC67 ART925. LULL ART17.
Jurisprudência Nacional: AC STJ DE 1974/11/26 IN BMJ N241 PAG315. AC STJ DE 1978/10/12 IN BMJ N280 PAG343.
Sumário: I - O litigante que aufere um rendimento mensal inferior ao salário mínimo nacional goza da presunção de insuficiência económica para efeito da concessão do apoio judiciário; em tal situação se encontra um cônjuge que, dividido por dois o rendimento do casal, só dispõe de um rendimento desses. II - Nos embargos de executado, de acordo com o artigo 925 do Código de Processo Civil, é inadmissível a resposta à contestação; mas esta é de admitir se se reportar, e na medida em que o fizer, à extemporaneidade da apresentação da contestação. III - Só no caso de má fé da parte do portador de uma letra, no domínio das relações mediatas, lhe...
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