Acórdão nº 080507 de Supremo Tribunal Administrativo (Portugal), 28 de Maio de 1991 (caso None)
Magistrado Responsável | BROCHADO BRANDÃO |
Data da Resolução | 28 de Maio de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV - PROC EXEC. DIR CIV - DIR FAM / DIR OBG.
LegislaÁ„o Nacional: CCIV66 ART610 B ART1041 N1 ART1042 ART1691 A - D ART1696. CPC67 ART825 D.
Sum·rio : I - Enquanto alheios a letra e a execuÁ„o de onde emerge a penhora contra o marido, os requerentes mulher e filhos do executado, que alegam posse, tem legitimidade para deduzir embargos de terceiro. II - Os embargos fundados na transmiss„o por doaÁ„o para os embargantes filhos do casal so podem ser rejeitados se for manifesta, pelo acto ou outras circunstancias, a fraude, no sentido de visar a subtracÁ„o dos bens a responsabilidade pela divida exequenda (artigo 1041 n. 1 do Codigo Civil). III - Mesmo que a acÁ„o pauliana fosse admissivel (artigo 1042 alinea b) do Codigo de Processo Civil) era necessario alegar factos de que decorressem a impossibilidade ou o agravamento exigido no artigo 611 alinea b) do Codigo Civil. IV -...
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