Acórdão nº 088435 de Supremo Tribunal de Justiça (Portugal), 05 de Junho de 1996
Data | 05 Junho 1996 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: A VARELA RLJ ANO121 PÁG149. L CARDOSO MAN ACÇ EXEC 3ED PÁG28. R BASTOS NOTAS VOLIV PÁG9. C MENDES ACÇ EXEC PÁG67.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART45 N2 ART46 A ART47 N1 ART193 N1 N2 B ART199 ART202 ART204 N1 ART319 ART474 N1 A N3 ART493 N2 ART474 N1 A ART479 N2 ART801 ART811 ART812 ART813 A ART933.
Sumário : I - Se, na acção de declaração, a ré foi condenada, não no mero pagamento de uma quantia em dinheiro, mas a realizar um acto de cessão aos autores de um crédito que detinha sobre terceiro, a execução adequada ao cumprimento coercivo da obrigação judicialmente imposta seria, não uma execução para pagamento de quantia certa, mas antes uma execução para prestação de facto. II - Os exequentes, ao pretenderem o pagamento de uma quantia, formularam um pedido que não se harmoniza com o título executivo de que dispõem, configurando-se assim uma situação de ineptidão do requerimento inicial da execução. III - Se o juiz não indeferir liminarmente o...
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