Acórdão nº 9731292 de Court of Appeal of Porto (Portugal), 12 de Março de 1998
| Magistrado Responsável | JOÃO BERNARDO |
| Data da Resolução | 12 de Março de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART490 N1 ART815 N2. CCIV66 ART812.
Jurisprudência Nacional: AC RP DE 1993/09/23 IN CJ T4 ANOXVIII PAG212. AC RC DE 1987/04/07 IN CJ T2 ANOXII PAG92.
Sumário: I - A falta de contestação dos embargos de executado não tem efeito cominatório pleno, produzindo tão só a admissibilidade, por falta de impugnação, dos factos articulados na petição dos embargos. II - A cláusula penal excessiva, desde que acordada em transacção homologada por sentença, não pode...
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