Acórdão nº 1256/08.6TBAGH.L1-2 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Magistrado Responsável | MARIA JOSÉ MOURO |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA PARCIALMENTE A DECISÃO Sumário: I - Não sendo unívoco um determinado entendimento jurisprudencial, tendo obtido algum acolhimento a construção jurídica perfilhada pelo A., não se evidencia uma manifesta improcedência do pedido por este deduzido contra um dos RR., não sendo inequívoco e indiscutível que a acção, nesta parte, fosse totalmente improcedente II - Tratando-se de acção declarativa com processo especial para cumprimento de obrigações pecuniárias emergentes de contratos, nos termos do dl 269/98, de 1-9, o Juiz não deve limitar-se a conferir força executiva à petição inicial, sem analisar a viabilidade do pedido, quando sobre uma das questões colocadas face à petição inicial foi recentemente proferido...
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