Acórdão nº 9240031 de Court of Appeal of Porto (Portugal), 13 de Abril de 1993
Magistrado Responsável | CANDIDO DE LEMOS |
Data da Resolução | 13 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART1041 N1 ART1037 ART1040 ART474 N1. CCIV66 ART875. DL 54/75 DE 1975/02/12 ART5 N1 ART29. CRP84 ART5 N1.
Jurisprudência Nacional: AC STJ DE 1951/10/30 IN BMJ N27 PAG285. AC STJ DE 1939/10/10 IN RLJ ANO73 PAG141.
Sumário: I - Os embargos de terceiro têm como fundamento de direito a posse e como fundamento de facto a lesão ou a ameaça da posse. II - Para a decisão de rejeição dos embargos com o fundamento do artigo 1041, nº 1, do Código de Processo Civil, apenas releva o intuito aí assinalado sendo indiferente que da transmissão operada pelo executado tenha ou não resultado a sua insolvência. III - Tal rejeição será inadequada no caso de alienação ocorrida antes da proposição da acção executiva. IV - A posse como fundamento dos embargos de terceiro deve revestir a natureza de real e efectiva, não bastando a simples posse jurídica ou civil, pelo que não basta a invocação pelo...
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