Acórdão nº 99B035 de Supremo Tribunal de Justiça (Portugal), 24 de Fevereiro de 1999 (caso NULL)
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 24 de Fevereiro de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART342 ART358 N2 N4 ART847 N1. CPC67 ART4 ART712 N1 ART722 N2 ART812.
Sumário : I - Tendo a executada embargante fundado a causa de pedir dos embargos na existência de um seu crédito sobre o exequente - embargado (compensação) e pretendendo a declaração (nessa parte) da inexistência da dívida, àquele competirá a prova desse facto negativo - artigo 342 do CCIV66. II - Com vista a tal desiderato, não há que censurar a elaboração de um único quesito sobre tal pagamento...
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