Acórdão nº 0225336 de Court of Appeal of Porto (Portugal), 29 de Outubro de 1992
Magistrado Responsável | SAMPAIO DA NOVOA |
Data da Resolução | 29 de Outubro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART153 ART205 N1 ART207 ART882 N2. DL 33256 DE 1943/11/24 ART4 PAR1 PAR2. DL 693/70 DE 1970/12/31 ART18 N1. D 694/70 DE 1970/12/31 ART161 N3. CCIV66 ART285.
Sumário: I - Se o arrematante não for notificado para se pronunciar sobre o pedido formulado pela Caixa Geral de Depósitos, credora hipotecária e reclamante, a fim de que seja anulada a arrematação, deve arguir a nulidade no prazo de 5 dias a contar da data em que teve conhecimento da omissão. II - Limitando-se a recorrer do despacho que ordenou a anulação da venda, devia ter arguido então a sobredita nulidade: "dos despachos recorre-se, contra as nulidades reclama-se". III - Não sendo a Caixa Geral de Depósitos, como credora hipotecária reclamante, notificada da arrematação, esta terá de ser anulada. IV - A legislação especial relativa à Caixa Geral de Depósitos, no domínio da venda judicial, conquanto aparentemente desnecessária ( o Código de Processo Civil já prevê a notificação àquela instituição do despacho que ordena a venda ), tem interesse bem relevante porque dessa...
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