Acórdão nº 075400 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1988 (caso NULL)
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 18 de Fevereiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A VARELA ANOT VII 2ED PAG1 E 31.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART666 N1 ART671 ART675 ART762 N1 ART783 ART784 ART785. LULL ART39. CPC67 ART916 ART1008 ART1009.
Sumário : I - No caso de venda forçada do penhor, o devedor carece de qualquer poder sobre o respectivo produto - não lhe cabendo dizer como devera ser o seu destino; mas no pagamento voluntario, o devedor mantem a faculdade de designar as dividas a que o cumprimento se refere, nos termos do artigo 783, do Codigo Civil que deste modo, tem, no caso em apreço, inteira aplicação e na falta de estipulação das partes observar-se-a o disposto no artigo 785 do citado Codigo Civil. II - E tendo o devedor pago as livranças...
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