Acórdão nº 0058351 de Supremo Tribunal Administrativo (Portugal), 02 de Fevereiro de 1993 (caso None)
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 02 de Fevereiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART203 N1 ART288 ART474 N1 C ART477 ART493 N2 ART665 ART1307 N1.
Sum·rio: I - Ao comprador, por venda antecipada, dos bens apreendidos na falÍncia n„o assiste o direito de reagir por embargos de terceiro contra o despacho judicial que, em raz„o de ter sido anulada a determinaÁ„o para venda antecipada, determinou a reapreens„o dos bens ainda n„o levantados: artigo 1037, CPC, na exclus„o que faz ao processo falimentar. II - Devia, pois, a petiÁ„o de embargos de terceiro ter sido logo indeferida: artigo 474 n. 1, c), in fine, CPC. III - N„o o sendo, na Època do despacho saneador tem a pretens„o de ser havida por improcedente, gerando a absolviÁ„o da inst‚ncia...
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