Acórdão nº 070030 de Supremo Tribunal de Justiça (Portugal), 01 de Junho de 1982
Magistrado Responsável | MARIO DE BRITO |
Data da Resolução | 01 de Junho de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC EXECUT. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART813 ART815 N2 ART929 N1. CCIV66 ART247 ART251 ART259 ART275.
Sumário : I - Em execução para entrega de coisa certa, baseada em sentença homologatória de transacção, os fundamentos da oposição são os que constam do artigo 813 (por o título executivo ser uma sentença), do n. 2 do artigo 815 (por a sentença ser homologatória de transacção) e do n. 1 parte final do artigo 929, todos do Código de Processo Civil (por se tratar de execução para entrega de coisa certa). II - A homologação, por sentença judicial, da conciliação, confissão ou transacção das partes, em que a execução se funda, não impede que na execução se alegue qualquer das causas que determinam a nulidade ou a anulabilidade desses actos. III - De acordo com o artigo 251 do Código Civil, o erro que atinja os motivos determinantes da vontade, quando se refira à pessoa...
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