Processo Civil
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Page 42
Processual civil. Apelação em embargos de terceiro. Desconstituição de arresto sobre imóvel. Transferência não averbada no registro competente. Ônus da sucumbência. Princípio da causalidade. I - Apesar de não ter sucumbido, o embargante deverá arcar com o ônus da sucumbência, pois foi quem deu causa à instauração da lide ao deixar de providenciar a matrícula do imóvel no registro competente. II - Recurso parcialmente provido. Maioria. (TJ/DF - Ap. Cível n. 20030110456582 - 1a. T. Cív. - Ac. por maioria - Rel: Des. Aquino Perpétuo - j. em 2.05.2005 - Fonte: DJ, 25.08.2005).
Processo civil. Agravo regimental. Embargos de declaração. Ausência de assinatura do advogado. Recurso inexistente. 1 - Consoante entendimento pacificado desta Corte, na instância especial, o recurso sem a assinatura do advogado é considerado inexistente. 2 - Agravo regimental não provido. (STJ - Ag. Regimental n. 672220 - Rio Grande do Sul - 4a. T. - Ac. unân. - Rel: Min. Fernando Gonçalvesj. em 23.08.2005 - Fonte: DJ, 12.09.2005).
Agravo de Instrumento. Execução de título executivo judicial. Sociedade de economia mista. Aplicação do art. 730 do CPC. Impossibilidade. Recurso contra decisão que rejeitou exceção de pré-executividade ao argumento de que a execução deve ser processada na forma do artigo 652 do CPC e não na forma do...
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