Acórdão nº 076315 de Supremo Tribunal Administrativo (Portugal), 12 de Outubro de 1988 (caso None)
| Magistrado Responsável | ALCIDES DE ALMEIDA |
| Data da Resolução | 12 de Outubro de 1988 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: PIRES DE LIMA E ANTUNES VARELA IN CODIGO CIVIL ANOTADO V1 2ED PAG693.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART203 ART204 ART686 N1 ART733 ART735 N3 ART743 ART749. CCIV867 ART373 ART374. DL 54/75 DE 1975/02/12 ART4. DL 512/76 DE 1976/07/03 ART2. DL 103/80 DE 1980/05/09.
Jurisprudência Nacional: AC STJ DE 1980/05/29 IN BMJ N297 PAG278.
Sumário : I - O privilegio creditorio que, nos termos do artigo 733 do Codigo Civil, e a faculdade que a lei, em atenção a causa do credito, concede a certos credores, independentemente de registo, de serem pagos com preferencia a outros, tem a natureza dos bens sobre que incide pelo que, sendo de natureza movel - um automovel - o bem hipotecado e executado, sobre ele não pode ser invocado o privilegio imobiliario geral, mas sim e unicamente o privilegio mobiliario. II - Dai que, nos...
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