Acórdão nº 9650444 de Court of Appeal of Porto (Portugal), 16 de Dezembro de 1996
| Magistrado Responsável | COUTO PEREIRA |
| Data da Resolução | 16 de Dezembro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMAÇÃO A DECISÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCOM888 ART10 ART15. CCIV66 ART1696 N1. CPC67 ART825 N2.
Jurisprudência Nacional: ASS STJ N4/78 DE 1978/04/13 IN BMJ N276 PAG99. AC STJ DE 1993/03/23 IN CJSTJ T2 ANOI PAG31. AC RC DE 1987/01/06 IN CJ T1 ANOXII PAG27. AC RP DE 1987/01/06 IN CJ T1 ANOXII PAG198. AC RL DE 1988/10/13 IN CJ T4 ANOXIII PAG124. AC RE DE 1988/10/06 IN CJ T4 ANOXIII PAG258. AC RP DE 1993/04/26 IN CJ T2 ANOXVIII PAG220. AC RE DE 1988/10/06 IN CJ T4 ANOXIII PAG228.
Sumário: I - Na execução, fundada em título cambiário, contra um dos cônjuges, o credor só beneficia da dispensa da moratória relativamente à meação nos bens comuns do devedor se for comercial a relação jurídica subjacente, cabendo ao mesmo credor o ónus da prova de tal comercialidade. II - O portador do título cambiário executivo subscrito por um só dos cônjuges...
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