Acórdão nº 96S098 de Supremo Tribunal de Justiça (Portugal), 26 de Junho de 1996
| Magistrado Responsável | ALMEIDA DEVEZA |
| Data da Resolução | 26 de Junho de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART672.
Sumário : I - A recorrente entregou no Tribunal uma garantia bancária, para obter o efeito suspensivo do recurso de apelação interposto da sentença proferida naquele mesmo Tribunal. II - Por despacho, a caução foi julgada insuficiente e não idónea, tendo tal despacho sido confirmado no Tribunal da Relação. III - Notificado do respectivo acórdão, o caucionante requereu a devolução daquela referida garantia ou então que se notificasse o Banco de que a requerente estava autorizada a cancelá-la. IV - Ao recurso de apelação interposto nos autos principais foi atribuído efeito meramente devolutivo. V - O Ministério Público, na qualidade de representante dos Autores, instaurou execução e requereu a penhora da garantia...
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