Acórdão nº 0500536 de Court of Appeal of Porto (Portugal), 14 de Maio de 1991
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 14 de Maio de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO. ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART18 ART45 N2 ART55 N1 ART308 N2 ART813 ART929 N1 ART1034 ART1038 ART1042. CPC39 ART1033 ART1034 ART1040. CCIV66 ART1678 N2 C ART2079 ART2088.
Jurisprudência Nacional: AC RP DE 1969/10/22 IN JR T4 ANOXV PAG841. AC RP DE 1973/03/30 IN BMJ N226 PAG277.
Sumário: I - O cabeça-de-casal no inventario em que foram partilhados bens, incluindo a sala de jantar em litigio e contra quem um dos herdeiros promoveu execução para entrega de coisa certa ( aquela sala ), tem legitimidade para deduzir embargos de terceiro, se alega ter-lhe sido adjudicado a ele, nesse inventario, o mencionado compartimento; II - Não tem legitimidade para deduzir embargos de terceiro o conjuge do executado, relativamente aos bens comuns, quando a diligencia judicial ofensiva da posse incida sobre bens levados para o casal pelo outro conjuge ou por este...
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