Acórdão nº 98A308 de Supremo Tribunal de Justiça (Portugal), 17 de Junho de 1998
Magistrado Responsável | LEMOS TRIUNFANTE |
Data da Resolução | 17 de Junho de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CCIV66 ART830 N1. L 38/87 DE 1987/12/23 ART29. CPC67 ART668 N1 D E ART715 ART722 N2.
Jurisprudência Nacional: AC STJ DE 1996/03/05 IN CJSTJ 1996 T1 PAG116. ASS STJ DE 1994/05/26 IN DR IS N104 DE 1994/10/04. AC STJ DE 1991/02/14 IN AJ N15/N16 PAG29. AC STJ DE 1985/06/05. AC STJ DE 1996/07/05 IN CJSTJ ANO IV TI PAG116. AC STA DE 1988/11/10 IN BMJ N381 PAG726. AC STA DE 1995/02/08 IN AD N403 PAG834. AC STA DE 1994/07/14 IN AP-DR DE 1996/08/06 PAG406.
Sumário : I - É da competência exclusiva das instâncias a determinação e aplicação da matéria de facto, com interesse para a decisão. II - A "ratio" da execução específica consiste na substituição da vontade faltosa, através da emissão de declaração equivalente à vontade do prometente relapso. III - A recusa de cumprimento do...
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