Acórdão nº 9620732 de Court of Appeal of Porto (Portugal), 07 de Janeiro de 1997
Magistrado Responsável | AFONSO CORREIA |
Data da Resolução | 07 de Janeiro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART601 ART817 ART1305 ART1311 ART1513. CPC67 ART193 N2 C N4 ART470 N1 ART821 ART825 N2 ART909 ART910 ART1038 N1 N2 C.
Jurisprudência Nacional: AC STJ DE 1976/02/24 IN BMJ N254 PAG167.
Sumário: I - Só a incompatibilidade substancial dos pedidos do autor gera ineptidão da petição inicial, com nulidade de todo o processo e consequente absolvição do réu da instância. II - Embora a acção de reivindicação seja o meio próprio para o dono de um imóvel penhorado defender o seu direito de propriedade se ele for inteiramente alheio à execução, já assim não é no que toca ao cônjuge do executado quando é penhorado bem comum e requerida citação do cônjuge, nos termos e para os efeitos do artigo 825 n.2 do Código de Processo Civil; e...
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