Acórdão nº 9621337 de Court of Appeal of Porto (Portugal), 18 de Março de 1997
Magistrado Responsável | FERREIRA DE SEABRA |
Data da Resolução | 18 de Março de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART805 ART806 ART810. CCIV66 ART310 D ART311 ART693 N2 ART1146 N1.
Jurisprudência Nacional: AC RL DE 1989/04/20 IN CJ T2 ANOXIV PAG141. AC RP DE 1996/01/08 IN CJ T1 ANOXXI PAG185. AC RL DE 1979/12/12 IN CJ T5 ANOIV PAG1618. AC RL DE 1988/11/08 IN BMJ N381 PAG737.
Sumário: I - A escritura pública de mútuo remunerado em que se clausulou que ficariam por conta do mutuário todas as despesas de segurança e cobrança do empréstimo, incluindo as da escritura, seu registo e distrate, sendo fixadas as despesas judiciais e extrajudiciais para efeitos do registo em certo montante concretizado traduz, nesse plano, a fixação de um montante máximo - o concretizado a fazer pelo mutuante, sendo este inexigível em execução da respectiva escritura. II - Sendo o título executivo contemporâneo à dívida que vence juros, o prazo de prescrição destes não é o ordinário de 20 anos, mas de 5 anos - ut artigo 310 alínea d) do...
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