Acórdão nº 21422/04.2YYLSB-A.L1-2 de Court of Appeal of Lisbon (Portugal), 21 de Janeiro de 2010
| Data | 21 Janeiro 2010 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: 1. Ainda que a livrança dada à execução haja perdido a sua natureza cambiária poderá a mesma consubstanciar um documento particular assinado pelo devedor, previsto na alínea c) do artigo 46º do Código de Processo Civil, conquanto nela se mencione a causa da relação jurídica subjacente ou que tal causa de pedir seja invocada no requerimento executivo.
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De resto, face a uma declaração de cumprimento ou a uma declaração de reconhecimento da dívida, resulta do nº 1 do artigo 458º, nº 1 do Código Civil, a presunção de causa (presunção da existência de uma relação negocial ou extra negocial) e a inversão do ónus da...
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