Acórdão nº 9050483 de Court of Appeal of Porto (Portugal), 30 de Abril de 1991
Magistrado Responsável | GONÇALVES VILAR |
Data da Resolução | 30 de Abril de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART666 N1 ART693 N2 ART736 N1 ART743 ART744. DL 103/80 DE 1980/05/09 ART11.
Sumário: I - A hipoteca confere ao credor o direito de ser pago pelo valor de certas coisas imóveis, pertencentes ao devedor ou terceiro, com preferência sobre os demais credores, que não gozem de especial privilégio ou de prioridade de registo - artigo 666, número 1, do Código Civil; II - Não obstante convenção em contrário, no respeitante aos juros, a hipoteca nunca abrange mais do que os relativos a três anos - artigo 693, número 2, do Código Civil; III - Os créditos do Estado, pelos impostos directos ou indirectos, gozam de privilégio mobiliário geral - artigo 736, número 1, do Código Civil, mas não beneficiam de privilégio imobiliário - artigo 743 e 744, do Código Civil. IV - Os créditos pelas contribuições da Segurança Social e respectivos juros de mora gozam de privilégio imobiliário sobre os bens imóveis existentes no património das entidades patronais à data da instauração do processo executivo - artigo 11, Decreto-Lei número 103/80, de 9 de Maio. V - Verificando-se que o...
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