Acórdão nº 0051132 de Court of Appeal of Lisbon (Portugal), 21 de Maio de 1992
Magistrado Responsável | CAMPOS OLIVEIRA |
Data da Resolução | 21 de Maio de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART474 N1 C ART475 N3 ART524 ART684 N3 ART690 N1 ART706 ART941 ART942.
Jurisprudência Nacional: AC RL DE 1984/07/17 IN CJ ANOIX T4 PAG98. AC RL DE 1991702/28 IN CJ ANOXVI T1 PAG168. AC STJ DE 1986/07/25 IN BMJ N359 PAG522. AC STJ DE 1989/04/05 IN BMJ N386 PAG446.
Sumário: I - É título executivo o acordo, homologado por sentença, pelo qual alguém se compromete a proceder à demolição de certa obra, pelo que se, mais tarde, após a demolição a que se comprometera, a mesma pessoa inicia no mesmo local a construção de outra obra, com as mesmas características e implantação da anterior, pode requerer-se em execução a demolição desta nova obra com base na sentença homologatória do acordo, nos termos dos artigos 941 e 942 do Código de Processo Civil. II - O "encerramento da discussão" a que...
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