Acórdão nº 99A056 de Supremo Tribunal de Justiça (Portugal), 04 de Maio de 1999 (caso NULL)
Magistrado Responsável | GARCIA MARQUES |
Data da Resolução | 04 de Maio de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART923 N1 C. CPC95 ART270 ART271 ART376 ART666 N3 ART670 N3 ART917 N5. CCIV66 ART590 ART591.
Jurisprudência Nacional: AC STJ DE 1993/01/19 IN CJSTJ ANOI TI PAG68. AC STJ PROC462/98 DE 1998/06/04. AC STJ PROC472/96 DE 1998/10/30.
Sumário : I - No processo de execução há dois momentos próprios e distintos para a subida dos agravos que, excepcionalmente, não subam imediatamente: o primeiro, relativamente aos interpostos até se concluir a penhora, quando esta diligência esteja finda, e o segundo, para os interpostos depois, quando esteja concluída a adjudicação, venda ou remição de bens (artigo 923, n. 1, alínea c), do CPC67). II - A penhora apenas se considera "finda", para efeito do regime de subida dos agravos, quando estiver concluída a fase processual regulada nos artigos 821 a 863 do CPC. III - Uma vez que o despacho que fixou ao recurso a subida imediata foi objecto de fundado pedido de aclaração - que veio a ser satisfeito -, o prazo para alegações conta-se da notificação, não do despacho aclarado, mas sim do despacho que deferiu o pedido de...
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