Acórdão nº 0027651 de Court of Appeal of Lisbon (Portugal), 30 de Janeiro de 1990 (caso NULL)
| Magistrado Responsável | AFONSO MELO |
| Data da Resolução | 30 de Janeiro de 1990 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART866 N3. CCIV66 ART759 N1 N2.
Sumário: I - O n. 3 do artigo 866 do Código de Processo Civil admite que os credores impugnem o crédito do exequente que beneficie de garantia real com preferência sobre as garantias reais por eles invocadas; II - Resulta do artigo 759, n. 1 e 2 do Código Civil que o direito de retenção prevalece sobre a hipoteca ainda que esta tenha...
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