Acórdão nº 083071 de Supremo Tribunal Administrativo (Portugal), 27 de Janeiro de 1993 (caso None)
Magistrado Responsável | JOSE MAGALHÃES |
Data da Resolução | 27 de Janeiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART676 N1 ART680 N1 ART690 N1 N2 ART838 N1 ART856 ART882 ART892 N1 ART909 N1 C D. CCIV66 ART1118 ART1410 N1. L 1662 DE 1924/09/04 ART9 PARÚNICO. DL 321-B/90 DE 1990/10/15 ART116 N1.
Jurisprudência Nacional: AC STJ DE 1981/02/03 IN RLJ N115 PAG252. AC STJ DE 1942/07/10 IN RT ANO60 PAG313. AC STJ DE 1946/03/22 IN BOL OF N34 ANOVI.
Sumário : I - Os recursos constituem o meio de impugnar as decisões judiciais - artigo 676, n. 1 do Código de Processo Civil - isto é, o processo de combater, refutar ou contestar as decisões dos tribunais com que se não concorda. II - O direito do locatário tem a natureza de direito de crédito. III - Admite-se que efectuada a penhora do "direito ao trespasse de um estabelecimento" e ou do "direito ao arrendamento do imóvel em que o mesmo se encontra instalado, se notifique dela o senhorio, pelo facto de, muito embora a penhora não envolva a cedência do gozo da coisa, a impôr a comunicação a que se reporta a alínea g) do artigo 1038 do Código Civil, efectuada a diligência, e entregue o bem penhorado a uma pessoa diferente...
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