Acórdão nº 9650123 de Court of Appeal of Porto (Portugal), 18 de Novembro de 1996
| Magistrado Responsável | COUTO PEREIRA |
| Data da Resolução | 18 de Novembro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG. DIR COM.
Legislação Nacional: CCIV66 ART666 ART669. DL 29883 DE 1939/08/17 ART2.
Jurisprudência Nacional: AC RL DE 1991/10/10 IN CJ T4 XVI PAG185.
Sumário: I - O penhor só produz efeitos pela entrega da coisa empenhada ou de documento que confira a exclusiva disponibilidade dela ao credor ou a terceiro. II - Tendo sido dados de penhor essencialmente bens de equipamento pertencentes ao devedor, esse penhor está provado através de documento subscrito por este, devidamente autenticado. III - A partir da sua constituição o credor obtém a posse pignoratícia, ficando o proprietário a ser mero detentor dos bens. IV - A forma como o penhor mercantil foi constituido é a legal. V - Dizendo-se na cláusula 1ª do documento de...
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