Acórdão nº 9341244 de Court of Appeal of Porto (Portugal), 12 de Julho de 1994
Data | 12 Julho 1994 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: POR LAPSO CONSTA NA COLECTÂNEA DE JURISPRUDÊNCIA QUE O PROCESSO É DE 1994.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART660 N2 ART869 N1 N3 N4 ART882 N2 ART229 N2 ART899 N2 ART201 N1 ART205 ART153 ART253 N1.
Jurisprudência Nacional: ASS STJ DE 1983/09/29 IN DR IS DE 1993/11/24. AC RL DE 1980/01/08 CJ T1 PAG201. AC STJ DE 1977/05/19 BMJ N267 PAG112.
Sumário: I - Declarada a ilegitimidade dos requerentes para arguirem determinada nulidade, o princípio da preclusão - - artigo 660, n. 2 do Código de Processo Civil - impõe que já não se conheça do mesmo. II - O requerimento previsto no artigo 869, n. 1 do Código de Processo Civil caduca " ope legis ", sem necessidade de despacho que o declara, se dentro de 30 dias não for junta certidão comprovativa da pendência da acção. III - O despacho que ordene a venda por arrematação em hasta pública, para além de uma publicidade geral a actuar mediante anúncios e editais, implica uma publicidade especial, prevenida no artigo 882, n. 2 do Código de Processo Civil e acentuada no Assento de 29 de Setembro de 1993 - Diário da República de 24 de Novembro de 1993. IV - Só excepcionalmente - por exemplo, o caso de os bens serem licitados por valores que confortavelmente assegurem o pagamento do exequente e dos credores reclamantes - se pode formular com segurança o juízo de que a nulidade secundária da não notificação não influi no resultado da arrematação. V - O artigo 201, n. 1 do Código de Processo...
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