Acórdão nº 9550192 de Court of Appeal of Porto (Portugal), 26 de Fevereiro de 1996
| Magistrado Responsável | REIS FIGUEIRA |
| Data da Resolução | 26 de Fevereiro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO REOCRRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART906 N1 N2 N3.
Sumário: I - Se o Banco Fonsecas & Burnay, na execução que moveu contra Joaquim Rocha & Cª. Ldª., arrematou em hasta pública, por 40.000 contos, um imóvel oportunamente penhorado à executada; se o arrematante obteve então, por despacho que veio a transitar em julgado, dispensa do depósito da totalidade desse preço e para garantir custas, devido ao facto de o seu crédito ( quantia exequenda ) sobre a executada ser de montante superior àquele preço; se esta execução não chegou a ser julgada extinta; se posteriormente, a requerimento dela própria, a referida sociedade foi declarada em estado de falência onde, entre outros bens, foi apreendido para a massa falida o imóvel que havia sido praceado e arrematado pelo Banco Fonsecas & Burnay; se aquela execução foi apensada...
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