Acórdão nº 8951190 de Court of Appeal of Porto (Portugal), 16 de Março de 1993
Magistrado Responsável | LUIS ANTAS DE BARROS |
Data da Resolução | 16 de Março de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR REGIS NOT.
Legislação Nacional: CRP84 ART5 N1 N2 A ART7 ART9.
Jurisprudência Nacional: AC RL DE 1974/12/06 IN BMJ N242 PAG354.
Sumário: I - O registo predial, com excepção do que respeita à hipoteca, é meramente declarativo, tendo um cariz essencialmente probatório e de legitimação. II - São terceiros, para efeitos de registo, aqueles que recebem o mesmo direito ou direitos, incompatíveis entre si do mesmo transmitente comum. III - Mas, quem vende a alguém uma fracção de prédio urbano em propriedade horizontal, a qual é depois arrematada numa execução, não é o mesmo transmitente nos dois factos jurídicos. IV - Com efeito, numa venda judicial, em acção executiva contra o dono da referida fracção aí penhorada, ele não é o transmitente pois está arredado da cadeia de actos que levam à penhora e depois, através da venda, à aquisição do direito pelo arrematante. V - É que a venda judicial é uma venda forçada efectuada pelo Estado, que assim se substitui ao dono da coisa que foi objecto de penhora. VI - Por conseguinte, nem nos termos do n. 1...
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