Acórdão nº 9440072 de Court of Appeal of Porto (Portugal), 25 de Outubro de 1994
| Magistrado Responsável | RAPAZOTE FERNANDES |
| Data da Resolução | 25 de Outubro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART823 N4.
Sumário: I - Na penhora de parte do vencimento, nos termos do n. 4 do artigo 823 do Código de Processo Civil, o juiz está sujeito ao princípio do inquisitório e não ao princípio do dispositivo, não estando, pois, vinculado pelo pedido feito pelo exequente quanto à fracção do vencimento a penhorar. II - Deverá ser ordenada a penhora de 1/6 ( e não de 1/3 ) do vencimento se o executado...
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