Acórdão nº 9530556 de Court of Appeal of Porto (Portugal), 12 de Outubro de 1995
| Magistrado Responsável | COELHO DA ROCHA |
| Data da Resolução | 12 de Outubro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC / PROC INVENT.
Legislação Nacional: CPC67 ART825 N1 N2 ART1404 ART1406 N1 N2.
Jurisprudência Nacional: AC RP DE 1982/05/25 IN CJ T3 ANOVII PAG224.
Sumário: I - Quando na execução movida contra um só dos cônjuges forem penhorados bens comuns ( por não ter cabimento a moratória do artigo 825 n.1 do Código de Processo Civil ) o cônjuge do executado pode, uma vez citado e para evitar que a execução prossiga em tais bens, requerer a separação, socorrendo-se do processo de inventário especial onde poderá escolher os bens para integrar a sua meação. II - O exequente tem o direito de promover o andamento desse inventário para separação de meações. III - O...
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