Artigo 723.º.Efeito do recurso
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 134-135 |
Page 134
A regra geral sobre o efeito de recurso de revista é a de que tem efeito meramente devolutivo.
Excepcionalmente, o efeito é suspensivo quando e se as questões em apreciação no recurso respeitem ao estado de pessoas.
Mas mesmo assim, subjaz a regra geral, de forma tal que em caso de efeito suspensivo, o recorrido pode exigir ao recorrente que preste caução.
Aplicando-se, então, com as devidas adaptações, o n.º 2, do art. 693.º, da seguinte redacção:
"Não querendo, ou não podendo, obter execução provisória da sentença, o apelado que não esteja já garantido por hipoteca judicial pode requerer, na alegação, que o apelante preste caução".
Caução a inteiro cargo e encargo do recorrente, o que pode causar perplexidade quando se atente que no recurso de revista sobre o estado de pessoas o que está em causa são valores não patrimoniais e, portanto, nada matrimoniados com o aspecto material que a caução pressupõe e, efectivamente, encerra.
Como, pois, caucionar (com que montante?) questões ligadas ao divórcio, à regulação do exercício...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Livros e Revistas
- Artigo 721.º.Decisões que comportam revista
- Artigo 721.º-A. Revista excepcional
- Artigo 722.º.Fundamentos da revista
- Artigo 722.º-A. Modo de subida
- Artigo 723.º.Efeito do recurso
- Artigo 724.º. Regime aplicável à interposição e expedição da revista
- Artigo 725.º.Recurso per saltum para o Supremo Tribunal de Justiça
- Artigo 732.º.Nulidades dos acórdãos
- Subsecção I Interposição e expedição do recurso
- Subsecção II Julgamento do recurso
- Subsecção III Julgamento ampliado da revista
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