Acórdão nº 0003454 de Supremo Tribunal Administrativo (Portugal), 12 de Dezembro de 1996
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 12 de Dezembro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC TRAB. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPT81 ART93 N1 N2.
Sumário: I - Compete ao Exequente, quando procede à nomeação de bens à penhora, identificar com precisão os bens que nomeou, os quais deverão ser livres, desembaraçados e suficientes para pagamento da quantia exequenda e custas. II - Se o Exequente se limita a afirmar que "os bens nomeados à penhora - constituídos pelo direito de trespasse e arrendamento das lojas nomeadas - são os discriminados nos autos", não é possível concretizar a penhora, visto que no "auto de diligência" se certificou que a Executada deixou de ter actividade há mais de um ano; que os estabelecimentos indicados com os ns. 1, 4, 5, 6, 7, 11, 12 e 13 estão a ser explorados por outra firma (Caves do Restelo, Lda., sociedade por quotas, com o cartão de pessoa colectiva n. 501437584); que o estabelecimento indicado sob o n. 2 já foi entregue ao senhorio, bem como o n. 9; e que os indicados com os ns. 3, 8 e 10 se encontram encerrados há bastante tempo". III - Não é possível concretizar-se a penhora sobre os bens nomeados, maxime, tendo o Exequente afirmado que tais arrendamentos permanecem...
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