Acórdão nº 9521218 de Court of Appeal of Porto (Portugal), 30 de Abril de 1996
| Magistrado Responsável | MARIO CRUZ |
| Data da Resolução | 30 de Abril de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART668. CPC67 ART1008. CPEREF93 ART29 N1 N2 ART94 ART102.
Sumário: I - O processo especial de venda e adjudicação do penhor tem uma estrutura mista, comportando uma fase declarativa e uma fase executiva, entrando-se nesta última com o despacho que designa o dia e a hora para a venda do penhor, sendo que a disciplina jurídica a respeito da sustação da venda do penhor é a mesma que a de qualquer outra execução. II - Ora, estando a decorrer um processo para recuperação da empresa que era ré no processo de venda e adjudicação do penhor, cuja fase já havia...
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