Acórdão nº 9250305 de Court of Appeal of Porto (Portugal), 08 de Outubro de 1992
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 08 de Outubro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO / APELAÇÃO.
Decisão: NEGADO PROVIMENTO / CONFIRMADA A SENTENÇA.
Área Temática: DIR COM - TIT CRÉDITO. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART559 ART559-A ART1146 ART1692 B ART1696 N1. CPC67 ART825 N1 ART1037 N2 ART1038 N2 A B C. CCOM888 ART10 ART102 P1 P2 P3.
Jurisprudência Nacional: AC RP DE 1969/02/26 IN JR ANO15 PAG162. ASS STJ DE 1964/11/27 IN BMJ N141 PAG172. ASS STJ DE 1978/04/13 IN BMJ N276 PAG103. AC STJ DE 1991/01/17 IN TJ ANO1990 PAG207.
Sumário: I - O Código de Processo Civil inclui nos terceiros a quem confere o direito de embargar a penhora efectuada em processo de execução o próprio cônjuge do executado. II - E só não poderá o cônjuge deduzir embargos de terceiro nos estritos casos previstos no artigo 1038, n. 2, alíneas a), b) e c) do Código de Processo Civil. III - A comercialidade da dívida exequenda, para não estar sujeita à...
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