Acórdão nº 077913 de Supremo Tribunal de Justiça (Portugal), 21 de Junho de 1990
| Magistrado Responsável | LACERDA TINOCO |
| Data da Resolução | 21 de Junho de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS / TIT CREDITO.
Legislação Nacional: CCOM888 ART10 ART15. CCIV66 ART342 N2 ART1691 N1 D ART1696 N1. CPC67 ART825 N1 N2 ART1038 N2.
Jurisprudência Nacional: ASS STJ DE 1978/04/13 IN BMJ N276 PAG99.
Sumário : I - Para que haja lugar a exclusão da moratoria prevista nos artigos 825, n. 1, do Codigo de Processo Civil e 1696, n. 1, do Codigo Civil, e necessario que a divida exequenda seja formal e substancialmente comercial. II - Compete ao exequente-embargado o onus da alegação e prova da comercialidade substancial da divida exequenda. III - Constando do titulo de credito que se reporta a...
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