Acórdão nº 9210800 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1993
| Magistrado Responsável | BESSA PACHECO |
| Data da Resolução | 01 de Fevereiro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. PROVIDO. REVOGADA PARCIALMENTE.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPCI63 ART144 ART196. CPC67 ART4 N2 ART26 ART1037 ART273 N2. CCIV66 ART1311. CRP84 ART8 N1.
Jurisprudência Nacional: AC STJ DE 1988/10/12 IN BMJ N380 PAG432. AC RP DE 1981/01/07 IN CJ T4 ANOVI PAG177. AC RP DE 1987/04/02 IN CJ T2 ANOXII PAG226. AC RP DE 1988/02/25 IN CJ T1 ANOXIII PAG216. AC STJ DE 1974/12/03 IN BMJ N242 PAG263. AC STJ DE 1980/04/17 IN BMJ N296 PAG222. AC RP DE 1972/10/18 IN BMJ N220 PAG208. AC STJ DE 1973/03/23 IN BMJ N225 PAG185.
Sumário: I - A penhora efectuada por iniciativa dos serviços do Tribunal Tributário em execução instaurada pelo Centro Regional de Segurança Social que não nomeou bens concretos, deve considerar-se da responsabilidade do Estado que assim detém legitimidade passiva para acção proposta contra ele por terceiro que se arroga da qualidade de dono do prédio penhorado. II - Para a defesa do direito de propriedade ofendido por penhora, o meio...
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