Acórdão nº 9250401 de Court of Appeal of Porto (Portugal), 15 de Outubro de 1992
Magistrado Responsável | CARLOS MATIAS |
Data da Resolução | 15 de Outubro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - PROC EXEC.
Legislação Nacional: DL 33726 DE 1943/11/24 ART4. DL 693/70 DE 1970/12/31 ART18. DL 694/70 DE 1970/12/31 ART161 N3. CPC67 ART201 ART864 N1 B N3 ART882 N2. CCIV66 ART11 ART285.
Jurisprudência Nacional: AC STJ DE 1973/11/06 IN BMJ N231 PAG105. AC RL DE 1991/11/07 IN CJ ANOXVI T5 PAG126. AC STJ DE 1986/07/29 IN BMJ N359 PAG657.
Sumário: I - A nulidade da venda em execução cominada pelo artigo 161 do Regulamento da Caixa Geral de Depósitos ( Decreto-Lei nº 694/70 de 31 de Dezembro ) para a falta de notificação daquela instituição de que vai realizar-se essa venda, não é uma nulidade meramente processual, antes deve reputar-se como nulidade de direito substantivo. II - Tal nulidade, porém, só ocorre nos casos em que a Caixa Geral de Depósitos se apresente como exequente ou como credora reclamante. III - Nos demais casos, nomeadamente quando sendo credora privilegiada não reclamou o respectivo crédito ( ainda que não...
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