Acórdão nº 0056162 de Supremo Tribunal Administrativo (Portugal), 09 de Julho de 1992 (caso None)
Magistrado Responsável | ANTONIO ABRANCHES MARTINS |
Data da Resolução | 09 de Julho de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART802 ART813 ART814 ART815 ART865 N1 N3 ART866 N4 ART868 N3 ART907 N1. CCIV66 ART747 N1 A ART780 N1 ART824 N2. DL 52/88 DE 1988/02/19 ART6 N5 ART7 N6 ART15 N1 ART18 N2 ART24.
Jurisprudência Nacional: AC RL DE 1988/10/13 IN CJ ANOXIII T4 PAG122.
Sumário: I - Ao contrário do que se passa com a execução em si, o credor é admitido a reclamar o seu crédito ainda que este não esteja vencido, se bem que, neste caso, a sentença de graduação deva determinar que, na conta final para pagamento, se efectue o desconto correspondente ao benefício da antecipação. II - Só permitindo a reclamação de créditos ainda não vencidos é que o concurso de credores pode preencher o seu fim, que é o de libertar de encargos os bens a executir. III - Só o credor que goze de garantia real sobre os bens penhorados pode reclamar, pelo produto destes, o pagamento dos...
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