Acórdão nº 9430440 de Court of Appeal of Porto (Portugal), 05 de Dezembro de 1994
Magistrado Responsável | MARQUES PEIXOTO |
Data da Resolução | 05 de Dezembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: CITA VAZ SERRA IN RLJ ANO111 PAG154 E P LIMA E A VARELA IN COD CIV ANOI VOLI 2ED PAG557 E A VARELA IN MANUAL DO PROCESSO CIV 2ED PAG727.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART289 N1 ART291 N1 N2 ART606 ART619 N2 N4 ART610 ART612 ART613 ART334. CPC67 ART497 ART498 ART671 N1 ART677. CRP84 ART5 N1 N7.
Jurisprudência Nacional: AC RE DE 1987/07/02 IN CJ T4 ANOXII PAG281.
Sumário: I - Tendo-se decidido numa acção pauliana em vez da ineficácia da alienação - por compra e venda - de um prédio de um devedor a um estranho, ineficácia em relação ao credor do vendedor, a anulação da venda, o caso julgado respectivo tem eficácia tão só entre as partes, sem produzir efeitos em relação a um terceiro que entretanto, antes da propositura daquela acção, adquiriu por compra - e registou a aquisição - o prédio do adquirente ao devedor; a aquisição por esse terceiro mantém assim a sua validade II - Á hipótese vasada no número 1 deste sumário é inaplicável o disposto nos números 1 e 2 do artigo 291 do Código Civil que é aplicável...
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