Acórdão nº 9251032 de Court of Appeal of Porto (Portugal), 19 de Outubro de 1993
Magistrado Responsável | EMERICO SOARES |
Data da Resolução | 19 de Outubro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART687 ART409 N1 ART274 N1. CRP84 ART4 N2 ART8 ART9 ART13 ART16 E ART34. CPC67 ART813 A ART815.
Sumário: I - Nos termos dos artigos 687 do Código Civil e 4, nº 2, do Código do Registo Predial, é indispensável o registo da hipoteca para que esta possa produzir efeitos. Antes de ser registada tudo se passa como se a hipoteca não existisse. II - Se a aquisição de um prédio, como da própria inscrição no registo consta, foi feita com reserva de propriedade a favor do vendedor até ao pagamento de certa quantia, em data estabelecida, nada impede que este o onere em proveito de terceiro. Só que este poder de disposição do vendedor está resolutivamente condicionado por força do disposto no artigo 274, nº 1 do Código Civil. III - O registo de hipoteca sobre prédio vendido com a cláusula de reserva de propriedade vai buscar a sua legitimação ao registo anterior de propriedade a favor do vendedor, pelo que não há violação do princípio do trato sucessivo. IV - Tendo o credor instaurado a execução ( hipotecária ) cerca de...
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