Acórdão nº 9730730 de Court of Appeal of Porto (Portugal), 18 de Setembro de 1997
| Magistrado Responsável | VIRIATO BERNARDO |
| Data da Resolução | 18 de Setembro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART824 ART825. CCIV66 ART1688 ART1788.
Jurisprudência Nacional: AC RE DE 1984/02/02 IN CJ T1 ANOIX PAG288.
Sumário: I - Extinto o casamento, a situação de comunhão matrimonial de bens existente entre os cônjuges finda, passando os bens à situação de compropriedade, a cujo regime ficarão sujeitos. II - Deste modo, finda a comunhão conjugal, já não será aplicável à penhora de bens comuns o disposto no artigo 825 do Código de Processo Civil, mas sim o regime do precedente artigo 824, segundo o qual pode penhorar-se o direito do executado relativo a uma universalidade...
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