Acórdão nº 9250098 de Court of Appeal of Porto (Portugal), 28 de Maio de 1992
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 28 de Maio de 1992 |
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: CPC67 ART663 N1 ART825 ART1037 N2. CCIV66 ART1285 ART1484 N1 N2 ART1487. DL 454/80 DE 1980/10/09 ART4 ART35 N1.
Sumário: I - O facto de o cônjuge de um executado ser citado nos termos do artigo 825 do Código de Processo Civil não afasta a qualidade de terceiro, pois a execução não é mais do que o processo que dá satisfação ao processo declarativo em que se estabeleceu o direito a que a execução visa dar satisfação, sendo, pois, no processo declarativo, que se exigia a intervenção do referido cônjuge para se considerar afastada essa qualificação de terceiro. II - O direito de habitação de uma casa de morada, atribuído a um sócio de uma cooperativa não se confina apenas a ele mas também à sua família; e assim o cônjuge não separado de pessoas e bens tem também a posse dessa casa, e posse em nome próprio porque não existia separação judicial entre o executado - sócio da cooperativa - e a embargante. III - O facto...
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