Acórdão nº 9150309 de Court of Appeal of Porto (Portugal), 11 de Junho de 1991
Magistrado Responsável | CESARIO DE MATOS |
Data da Resolução | 11 de Junho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PRO CIV - PRO ESP.
Legislação Nacional: CCIV66 ART1692 B ART1696 N1 ART1969 B. CPC67 ART825 N2 N3 ART864.
Jurisprudência Nacional: AC RC DE 1990/10/09 IN CJ ANOIX T4 PAG68.
Sumário: I - Quando na execução de dívida não há moratória legal, não pode dizer-se que o cumprimento só pode ser exigido depois de dissolvido o casamento. II - Porque o pagamento pode ser exigido à custa da meação do executado nos bens comuns é que, requerida e/ou feita a penhora em bens comuns, deve ser citado o cônjuge do executado para requerer a separação de meações, sob pena da execução " prosseguir nos bens penhorados ". III - Se citado o cônjuge do executado para tal fim, este não veio requerer a separação de bens, nem juntou certidão comprovativa de essa separação já ter sido requerida, a execução, resolvidas outras questões, prossegue com a posterior venda do bem penhorado, que, uma vez que não existia separação, era pertença do executado por fazer parte do património comum, não se podendo dizer que era apenas...
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