Acórdão nº 082711 de Supremo Tribunal de Justiça (Portugal), 17 de Dezembro de 1992
Magistrado Responsável | RAUL MATEUS |
Data da Resolução | 17 de Dezembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS / PROC ESP. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART664 ART668 N1 B C D ART676 N1 ART690 N1 ART721 N2 ART722 N2 ART729 N2 ART1008 ART1010. CCIV66 ART268 ART471 ART675.
Sumário : I - Como decorre dos artigos 676, n. 1 e 690, n. 1 do Código de Processo Civil, os recursos, por definição, visam a reapreciação das decisões recorridas, e não a pronúncia do tribunal "ad quem" sobre questões novas. II - O credor do crédito pecuniário vencido, e garantido por penhor, que queira exercer o direito consignado no artigo 675, n. 1, do Código Civil, tem forçosamente de recorrer para o efeito ao modelo de processo especial previsto no artigo 1008 do Código de Processo Civil, que comporta duas fases, uma declarativa e outra executiva. III - Um contrato de penhor mercantil celebrado com um banco, em que interveio, em representação deste, alguém como gestor de negócios, tem de ser...
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