Acórdão nº 087769 de Supremo Tribunal de Justiça (Portugal), 05 de Dezembro de 1995 (caso NULL)
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 05 de Dezembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A VARELA IN RLJ ANO115 PAG252.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART166 ART543 ART856 N2 N3 ART858. CCIV66 ART819.
Sumário : I - O desentranhamento de requerimentos ou documentos juntos a processo pendente é uma medida excepcional, que só deve ser decretada nos casos previstos na lei (artigos 166 e 543 do Código de Processo Civil). II - A penhora do direito ao arrendamento e trespasse de estabelecimento comercial deve ser notificada ao senhorio, o qual pode, no prazo de 5 dias, fazer as declarações ou prestar as informações que tiver por pertinentes, por aplicação analógica do disposto no artigo 856, n. 2 do citado Código. III - Na falta ou improcedência dessas informações, o senhorio fica vinculado à existência do direito penhorado (n. 3 do citado artigo 856 e artigo 819 do Código Civil...
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