Acórdão nº 9120836 de Court of Appeal of Porto (Portugal), 16 de Março de 1992
Magistrado Responsável | TOME DE CARVALHO |
Data da Resolução | 16 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: LOTJ87 ART60 ART61 ART71. OTM ART146. CPC67 ART1039.
Jurisprudência Nacional: AC STJ DE 1986/10/28 IN BMJ N360 PAG551. AC RL DE 1982/06/01 IN BMJ N324 PAG610. AC RL DE 1986/01/09 IN CJ T1 ANOXI PAG83. AC RP DE 1984/01/31 IN BMJ N334 PAG530.
Sumário: I - Os embargos de terceiro, embora verdadeira acção possessória, não tem autonomia processual, são sempre dependentes de outro processo sem estarem dependentes de distribuição, sendo apensados ao processo principal, pelo que têm de ser instaurados no tribunal onde pende o processo de que passam a depender. II - Por isso, mesmo não incluídos em qualquer das categorias enumeradas nos artigos 60 e 61 da Lei nº 38/87, de...
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