Acórdão nº 43-A/1999.L1-2 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Magistrado Responsável | ONDINA CARMO ALVES |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: AGRAVO Decisão: CONFIRMADA A DECISÃO Sumário: 1. A impossibilidade ou inutilidade superveniente da lide, como causa de extinção da instância, está prevista no artigo 287º, alínea e) do Cód. Processo Civil, e ocorre quando, por facto ocorrido na pendência da instância, a pretensão do autor não se pode manter, por virtude do desaparecimento dos sujeitos ou do objecto do processo, ou encontra satisfação fora do esquema da providência pretendida.
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Na acção executiva, o desconhecimento de bens do executado não conduz, à extinção do objecto do processo, caso não resulte dos autos que a impossibilidade do pagamento coercivo da dívida exequenda, por impossibilidade de penhora de bens pertencentes aos executados, haja ocorrido supervenientemente.
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Seria de admitir que a lide se havia tornado inútil em momento superveniente, caso se tivesse demonstrado...
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