Acórdão nº 9720248 de Court of Appeal of Porto (Portugal), 30 de Setembro de 1997
Magistrado Responsável | MARIO CRUZ |
Data da Resolução | 30 de Setembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DO ANO DE 1994 E DA PRIMEIRA SECÇÃO. FOI NEGADO PROVIMENTO AO AGRAVO MAS FOI PROVIDA A APELAÇÃO.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - TEORIA GERAL / DIR SUC.
Legislação Nacional: LULL ART39. LUCH ART37 ART38 ART47 ART52. CCIV66 ART292 ART294 ART287 N1 ART323 N1 N2 ART342 N2 ART1889 N1 N2 ART1893 ART2102. CPC67 ART46 C. CPP87 ART71 ART72.
Jurisprudência Nacional: AC STJ DE 1994/09/27 IN CJSTJ T3 ANOII PAG69. AC STJ DE 1978/06/29 IN BMJ N278 PAG281. AC RE DE 1987/02/26 IN CJ T1 ANOXII PAG318. AC RL DE 1978/01/25 IN BMJ N275 PAG265. AC RC DE 1998/01/05 IN CJ T1 ANOXIII PAG53. AC RC DE 1989/01/31 IN CJ T1 ANOXIV PAG49. AC RE DE 1992/03/26 IN CJ T2 ANOXVII PAG289. AC RC DE 1974/06/28 IN BMJ N239 PAG270. AC STJ DE 1994/09/27 IN CJSTJ T3 ANOII PAG69.
Sumário: I - Tem-se entendido, como regra básica, que só os próprios títulos executivos - e não as certidões ou fotocópias certificadas - devem ser considerados títulos executivos. Porém, quando o título executivo está integrado num processo, fazendo parte dele, é de admitir que a pública forma ou certidão desse título, possa ser suficiente para instauração da execução. II - Por isso, dada à execução um cheque representado por fotocópia certificada por certidão emanada de um tribunal que certifica...
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