Acórdão nº 086084 de Supremo Tribunal de Justiça (Portugal), 16 de Maio de 1995
Magistrado Responsável | AFONSO DE MELO |
Data da Resolução | 16 de Maio de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: L CARDOSO ACÇ EXEC 3ED PAG336. BINCHID ESPINOSA ED IX PAG678.
Área Temática: DIR PROC CIV - PROC EXEC. DIR ECON - DIR BANC.
Legislação Nacional: LULL ART48 N1 N3. DL 205/90 DE 1990/06/25. DL 124/77 DE 1977/02/22. DL 338/87 DE 1987/10/21. TGIS32 ART120-A. CPC67 ART45 N1 ART510 N1 ART511 ART916. PORT 357/83 DE 1983/04/02. AV 3/82 DE 1982/03/31.
Jurisprudência Nacional: AC RP DE 1985/11/12 CJ ANOX T5 PAG167. AC RP DE 1989/12/15 CJ ANOXIV T5 PAG200.
Sumário : I - Os factos extintivos da obrigação - pagamento - constituem fundamento de oposição à execução, se verificados antes da petição executiva; e verificando-se depois, não dão lugar a embargos de executado, mas à extinção da execução nos termos dos artigos 916 e seguintes do Código de Processo Civil. II - E estando em causa um pagamento que levando à extinção da execução, deve ser suscitado na acção executiva, não havendo assim um articulado superveniente nos embargos de executado, estava prejudicada a apreciação dos documentos juntos com as alegações da apelação, pois invocou um pagamento alheio aos embargos. III - As outras eventuais despesas previstas no artigo 48, ns. 1 e 3 da Lei...
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