Acórdão nº 083012 de Supremo Tribunal de Justiça (Portugal), 19 de Janeiro de 1993
| Magistrado Responsável | SANTOS MONTEIRO |
| Data da Resolução | 19 de Janeiro de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART45 N1 ART805 N1. CCIV66 ART491 ART492 ART493 ART562 ART807 N2 ART1136 N2.
Sumário : I - O título executivo determina o fim e os limites da acção executiva. II - Não pode fixar-se o montante de danos não patrimoniais no incidente de liquidação prévia da execução, se na acção declarativa o réu não foi condenado no pagamento de indemnização por danos dessa natureza, embora de montante ilíquido. III - A nossa lei só prevê a relevância negativa da causa virtual nos casos previstos nos artigos 491 a 493, 807, n. 2 e 1136, n. 2, do Código Civil. IV - Além desses casos, a doutrina admite essa relevância no cálculo dos bens cessantes e na adaptação da indemnização sob a forma de...
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