Acórdão nº 9750832 de Court of Appeal of Porto (Portugal), 05 de Janeiro de 1998
| Magistrado Responsável | REIS FIGUEIRA |
| Data da Resolução | 05 de Janeiro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART1037 ART1040. CCIV66 ART280 ART286 ART287 ART294 ART1285. DL 31/82 DE 1982/02/01 ART4 ART6 ART8 N1 N2 N3.
Jurisprudência Nacional: AC RL DE 1976/01/14 IN CJ T3 ANOI PAG775.
Sumário: I - Em embargos de terceiro deduzidos na acção executiva, o que se tem em vista é apenas a defesa da posse do bem imóvel penhorado e não o direito de propriedade, pois este terá de ser decidido em acção própria. II - Se o imóvel foi adquirido pelo executado ao Fundo de Fomento da Habitação com a cláusula da sua inalienabilidade durante 5 anos, não é de anular a doação do mesmo feita por...
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