Acórdão nº 9320949 de Court of Appeal of Porto (Portugal), 27 de Janeiro de 1994
| Magistrado Responsável | COUTINHO AZEVEDO |
| Data da Resolução | 27 de Janeiro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1044.
Sumário: I - A acção especial de posse judicial avulsa tem em vista pôr à disposição do adquirente um meio simples e rápido de o investir na posse efectiva e material da coisa adquirida. II - Com a venda em execução transfere-se para o adquirente os direitos dos executados sobre a coisa vendida. III - A dedução de embargos de executado não obsta a que os autores (arrematantes) dispunham de um título translativo de propriedade e de registo definitivo de aquisição. IV - E tanto basta para que a acção especial de posse judicial avulsa seja julgada procedente e os autores investidos na posse da fracção de prédio adquirido por arrematação em hasta pública. V - Se, porventura, os embargos de executado vierem a ser julgados procedentes...
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