Acórdão nº 0058341 de Supremo Tribunal Administrativo (Portugal), 24 de Novembro de 1992 (caso None)
Magistrado Responsável | DINIS NUNES |
Data da Resolução | 24 de Novembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A DOS REIS IN CPC ANOT V2 PAG397.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART199 ART202 ART206 N1 ART288 N1 B ART474 ART477 N1 ART479 N2 ART1037 N1 ART1218 ART1237.
Jurisprudência Nacional: AC STJ DE 1977/01/25 IN BMJ N263 PAG222. AC RL DE 1979/05/02 IN BMJ N293 PAG426.
Sumário: I - Face ao disposto no art. 1037, n. 1 do CPC, o processo especial de embargos de terceiro não é o meio próprio para se reagir contra uma apreensão de bens em processo de falência, tida como ilegal. II - O pedido de restituição de bens indevidamente apreendidos para a massa falida deve ser feito através do processo previsto nos arts...
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