Acórdão nº 0028596 de Supremo Tribunal Administrativo (Portugal), 23 de Janeiro de 1992 (caso None)
| Magistrado Responsável | TORRES VEIGA |
| Data da Resolução | 23 de Janeiro de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1038 N1 N2. CCIV66 ART1285.
Sumário: I - Ordenada medida intercalar, em acção executiva não suspensa, que é pressuposto de medidas subsequentes tendentes à consumação da execução, e sendo essa medida susceptível de ofender a posse relativamente a bens comuns do casal, pode o cônjuge não executado defendê-la mediante embargos de terceiro, nos termos do disposto no artigo 1285 do Código Civil, bem como relativamente aos bens próprios (n. 1 do artigo 1038 do Código Processo Civil)...
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