Acórdão nº 076891 de Supremo Tribunal Administrativo (Portugal), 16 de Novembro de 1988 (caso None)
| Data | 16 Novembro 1988 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART 825 N1 ART833 ART834 N1 ART836 B N1. CCIV66 ART1696 ART1733. CCOM888 ART10. LULL ART30 ART32.
Jurisprudência Nacional: AC STJ DE 1980/02/05 IN BMJ N294 PAG244 IN RLJ ANO114 PAG187. AC STJ DE 1978/07/25 IN BMJ N279 PAG214.
Sumário : I - Quando o executado é casado no regime de comunhão geral de bens deve, ao nomear bens à penhora, começar pelos bens próprios e, só na falta destes, é que lhe será lícita a nomeação da sua meação nos bens comuns do casal. II - O aval garante a obrigação cartular do avalizado e não a obrigação subjacente deste, e contanto, ainda...
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