Acórdão nº 084985 de Supremo Tribunal de Justiça (Portugal), 15 de Junho de 1994 (caso NULL)
Magistrado Responsável | CORREIA DE SOUSA |
Data da Resolução | 15 de Junho de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VOLI 2ED PÁG285. M CAETANO IN MANUAL VOLI PÁG372.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CONST - DIR FUND / PODER POL. DIR CIV - TEORIA GERAL /DIR OBG.
Legislação Nacional: CPC67 ART37 N2 ART158 ART668 N1 B D N3 ART671 ART882 N2. DL 33276 DE 1943/11/24 ART4. DL 693/70 DE 1970/12/31 ART18 N1 N3. DL 694/70 DE 1970/12/31 ART156 N1 N3 N4 ART161 N3. CONST76 ART13 ART80 ART206. CCIV66 ART287 N1 ART291 N1 ART343 N2 ART879. DL 48953 DE 1969/04/05. DL 270/76 DE 1976/04/08 ART1 N1. DL 298/92 DE 1992/12/31 ART3 B ART4 N2.
Jurisprudência Nacional: AC STJ DE 1973/11/06 IN BMJ N231 PÁG105. ASS STJ DE 1993/09/29 IN DR IS 1993/11/24.
Sumário : I - Da combinação dos artigos 287, n. 1 e 343, n. 2 ambos do Código Civil, resulta que nas acções que tenham de ser propostas dentro de certo prazo, é ao réu que incumbe o ónus da prova de que o prazo já se esgotou, nomeadamente nas acções destinadas a arguir a anulabilidade do negócio jurídico. II - Sendo necessária a notificação da Caixa Geral de Depósitos para a arrematação, nos termos dos artigos 18, n. 3 do Decreto-Lei 693/70, de 31 de Dezembro, 161, n. 3 do Regulamento aprovado pelo Decreto-Lei 694/70, de 31 de Dezembro e artigo 4 do Decreto-Lei 33276, de 24 de Novembro de 1943, sob a cominação da anulação da venda, embora a caixa, como credora reclamante, tivesse sempre que ser...
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