Acórdão nº 9421183 de Court of Appeal of Porto (Portugal), 21 de Maio de 1996
| Magistrado Responsável | LEMOS JORGE |
| Data da Resolução | 21 de Maio de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART1251 ART1259 ART442 ART755 N1 F ART754.
Jurisprudência Nacional: AC RL DE 1994/11/17 IN CJ T4 ANOXIX PAG111. AC RL DE 1995/01/19 IN CJ T1 ANOXX PAG92. AC STJ DE 1993/10/13 IN CJSTJ T3 ANOI PAG60. AC STJ DE 1994/05/26 IN CJSTJ T2 ANOII PAG119.
Sumário: I - Os embargos de terceiro são um meio de defesa da posse real e efectiva que é ofendida pela diligência judicial. II - Devem ser deduzidos contra quem promoveu a diligência. III - Tendo sido deduzidos contra entidade diferente, e esta declarada parte legítima no saneador, a consequência será a improcedência do pedido, a...
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