Acórdão nº 0224418 de Court of Appeal of Porto (Portugal), 03 de Abril de 1990
| Magistrado Responsável | PEREIRA GUEDES |
| Data da Resolução | 03 de Abril de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART1252 ART1287. CPC67 ART490 N1 N2 ART511 N1 C.
Jurisprudência Nacional: AC STJ DE 1975/11/25 IN BMJ N251 PAG163.
Sumário: I - Não pode dizer-se que a penhora elimina por completo o direito de posse do executado sobre os bens penhorados, quer quando ele fica depositário dos bens quer quando é nomeado um terceiro para tal função. II - Sendo os bens entregues a um terceiro depositário, este é um mero detentor desses bens, possuindo-os em nome do proprietário que, assim, mantém a sua posse através dele como o permite o artigo 1252 do Codigo Cívil. III - O exequente e os credores concorrentes não exercem posse sobre os bens penhorados, pois, a penhora apenas estabelece em seu...
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