Acórdão nº 069372 de Supremo Tribunal de Justiça (Portugal), 16 de Julho de 1981
Magistrado Responsável | ABEL DE CAMPOS |
Data da Resolução | 16 de Julho de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VAZ SERRA IN BMJ N76 PAG88.
Área Temática: DIR TRIB - DIR CUSTAS JUD. DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCJ62 ART106 N1 ART110 ART111 ART112 N1 A. CPC67 ART137 ART144 N5 ART145 N5 ART653 N1 ART664 ART710 N2. CCIV66 ART217 N2 ART221 N2 ART236 N1 ART278 ART393 N1 ART394 N1 ART410 N1 N2 ART969 N1 ART1765 ART940.
Sumário : I - O n. 5 do artigo 145 do Codigo de Processo Civil (introduzido pelo Decreto-Lei n. 323/70), refere-se aos "actos processuais", nos termos e nos limites dos artigos 137 e seguintes do mesmo Codigo, em que não estão incluidos os pagamentos de preparos os quais, previstos no Codigo das Custas Judiciais, tem ai um regime especifico, com que colidiria a aplicação daquele preceito, e assim, a sanção estabelecida no artigo 112 deste ultimo Codigo - não se efectuar a diligencia, salvo se a parte contraria nisso tiver interesse se substituir a requerente no pagamento do preparo - e peremptoria e decisiva, não admitindo por isso o "remedio" previsto no referido n. 5 do artigo 145 do Codigo de Processo Civil. II - Integra, sem duvida, um verdadeiro contrato-promessa de doação, a assunção gratuita da obrigação de transmitir uma contraprestação, ou seja doar - tão seria e vinculativa que ate se estabelece uma clausula penal para a hipotese da falta de cumprimento -, tal como a sua aceitação, dentro do mesmo espirito de...
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