Acórdão nº 071866 de Supremo Tribunal de Justiça (Portugal), 27 de Novembro de 1984
| Magistrado Responsável | MAGALHÃES BAIÃO |
| Data da Resolução | 27 de Novembro de 1984 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT M PINTO TEOR GER DIR CIV PAG344.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART221 N1 ART394 ART585. CPC67 ART815 N1.
Sumário : I - Na execução que não seja fundada em sentença, o executado pode opôr-se alegando quaisquer fundamentos que lhe seria lícito deduzir como defesa no processo de declaração. II - Assim, importa determinar a vontade negocial acordada, em conjugação com as claúsulas constantes do "Título Adicional de Aclaração", estipulação acessória contemporânea da escritura de mútuo hipotecário - - artigo 221 n. 1 do Código Civil. III - É que da coordenação deste artigo com o artigo 394 do mesmo Código, resulta que as estipulações adicionais não formalizadas, contemporâneas da...
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