Acórdão nº 0027966 de Court of Appeal of Lisbon (Portugal), 09 de Maio de 1991
| Magistrado Responsável | SILVA PAIXÃO |
| Data da Resolução | 09 de Maio de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART777 N2. CPC67 ART1456 ART1457.
Sumário: I - O processo de fixação judicial de prazo é um processo especial de jurisdição voluntária, simples e expedito, avesso à discussão de problemas de fundo, discussão essa que fica relegada para a acção em que venha a debater-se, designadamente, a validade ou a subsistência do negócio jurídico a que o prazo concerne. II - Nesse processo há apenas o escopo da fixação de um prazo adequado a uma obrigação sem prazo, desde que o credor manifeste o desejo de a ver cumprida, sendo inoportuna a indagação de outros aspectos relacionados com a obrigação. III - Fixado o prazo, a parte optará pela via que melhor...
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