Acórdão nº 0013232 de Supremo Tribunal Administrativo (Portugal), 31 de Maio de 1990 (caso None)
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 31 de Maio de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART754 ART755 ART824 N2. CPC67 ART848 N1 ART1037.
Sumário: I - Tal como o penhor o direito de retenção é um direito real de garantia; e como tal é condicionado pelas vicissitudes do crédito que garante. Visa assegurar, mais vincadamente, a realização do crédito. II - A penhora sobre imóveis não viola o direito de retenção sobre o mesmo. III - Face a uma execução onde se penhorou um bem sujeito a direito de retenção, o titular desta garantia, terá de fazer...
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