Acórdão nº 068851 de Supremo Tribunal de Justiça (Portugal), 04 de Junho de 1980
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 04 de Junho de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART279 N1 ART813 F ART818 N1. CPC39 ART284. CPC61 ART279 N1.
Jurisprudência Nacional: ASS STJ DE 1960/05/24 IN BMJ N97 PAG113. AC STJ DE 1971/03/05 IN BMJ N205 PAG195.
Sumário : I - A execução propriamente dita não pode ser suspensa pelo fundamento do n. 1, do artigo 279, do Codigo de Processo Civil correspondente, quer no conteudo, quer na identidade de principios, ao artigo 284 do Codigo de Processo Civil de 1939, hoje revogado, por a referida execução de sentença não ser uma causa a decidir mas antes um direito ja efectivamente declarado, não havendo, assim, qualquer nexo de prejudicialidade. II - Esta e, alias, a doutrina do assento do Supremo Tribunal de Justiça, de 24 de Maio de 1960, ainda em vigor, pois aquela não caduca pelo facto de ser revogada a legislação em que ele assentou desde que essa legislação seja substituida por outra que contenha textos identicos, não havendo razões para excluir que o sentido dos novos textos seja igual ao dos antigos, como e o caso. III - Se o titulo executivo for uma sentença de condenação a destruição da sua eficacia so podera conseguir-se por um de tres meios: a) oposição a execução - artigos 812 e 813 do Codigo de Processo Civil - b) recurso extraordinario de...
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