Acórdão nº 9150422 de Court of Appeal of Porto (Portugal), 19 de Dezembro de 1991
Data | 19 Dezembro 1991 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART838 N2 ART908 ART661 N1. CCIV66 ART902 ART1524 ART1528.
Jurisprudência Nacional: AC STJ DE 1979/01/09 IN BMJ N283 PAG196. AC STJ DE 1986/11/04 IN BMJ N361 PAG462. AC STJ DE 1987/05/20 IN BMJ N367 PAG470.
Sumário: I - Se um prédio a penhorar se encontra descrito no registo predial, no termo de penhora basta indicar apenas o número do registo - artigo 838, nº 2 do Código de Processo Civil - reportando-se então a penhora naturalmente ao prédio tal como consta na descrição. II - Em tal caso, só o prédio como consta da descrição foi penhorado e só ele pode ter sido vendido na arrematação, não interessando que, aquando dela, e mesmo já aquando da penhora, existisse uma casa no terreno descrito apenas como rústico. III - A arrematação em processo executivo é um acto misto, de direito público em relação ao vendedor, e de direito privado, em relação ao adquirente. IV - Se o executado, ao tempo da arrematação, já era dono da casa existente no terreno arrematado, constitui-se então por esta venda um direito de superfície, ficando o dono da casa na situação de superficiário. V - Ao arrematante, se se sentir prejudicado, resta, verificados os mais pressupostos...
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