Acórdão nº 085617 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1994
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 14 de Dezembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART27 N1 N2 ART47 N1 N2 N3 ART55 N1 ART90 N3 ART193 ART276 N1 C ART279 ART465 ART466 ART712 N2 ART723 ART729 N3 ART730 N1 ART933 N1 ART939 ART1093 ART1456 ART1457. CCIV66 ART1420 ART1422 N1 N2 C ART1430 N1.
Sumário : I - A decisão judicial não transitada em julgado constitui título executivo, se o recurso contra ela interposto tiver efeito meramente devolutivo. II - Sendo a execução de sentença processada por apenso ao processo em que a decisão exequenda foi proferida, aquela está sujeita à forma de processo correspondente à da acção declarativa. III - No domínio do regime da propriedade horizontal, estando em causa o uso diverso do que no título foi dado à respectiva fracção pelo condómino dela proprietário e condenado este a restituí-la ao seu uso específico com desocupação do espaço ilicitamente utilizado, tem legitimidade para a execução qualquer dos condóminos beneficiados por tal condenação, podendo ele requerer que o facto venha a ser executado por terceiro. IV - A decisão do tribunal comum...
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