Acórdão nº 9720657 de Court of Appeal of Porto (Portugal), 16 de Setembro de 1997
Magistrado Responsável | AFONSO CORREIA |
Data da Resolução | 16 de Setembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART592 N1 ART837 ART847 ART851 ART853. CPC67 ART46 A ART663 ART813 H ART814 ART815 N2 ART1352 N2 N3.
Jurisprudência Nacional: AC STJ DE 1987/10/06 IN BMJ N370 PAG496. AC STJ DE 1989/01/27 IN BMJ N383 PAG501.
Sumário: I - Tendo no inventário subsequente ao divórcio do embargante e embargada sido descrito um imóvel que na conferência de interessados foi adjudicado, por acordo, ao embargante que se obrigou a pagar à embargada metade do seu valor, ficando ela, organizado o mapa de partilhas, credora do embargante por determinada quantia, partilha essa que foi homologada por sentença, devem ser rejeitados liminarmente os embargos de executado deduzidos pelo embargante na execução requerida pela embargada contra aquele para pagamento da quantia em dívida, em que o embargante alega que já depois da conferência de interessados teve conhecimento de que esse imóvel estava onerado com penhora por dívida à Fazenda Nacional da inteira...
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