Acórdão nº 9730366 de Court of Appeal of Porto (Portugal), 15 de Maio de 1997
Magistrado Responsável | SOUSA LEITE |
Data da Resolução | 15 de Maio de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART822 N1. CPC67 ART276 N1 D ART284 N1 D ART801 ART847 ART864 N1 B N2 ART865 N2 ART871 N1 N2 ART918 ART919.
Sumário: I - No caso da sustação de execução por verificação dos pressupostos do artigo 871 n.1 do Código de Processo Civil de 1967, a reclamação do crédito no processo em que a penhora seja mais antiga apenas pode ocorrer quando venha a ter lugar a fase processual da reclamação dos créditos. II - Assim, haverá que indeferir liminarmente, por intempestiva, a reclamação do crédito na execução em que ainda não tenha sido ordenado o cumprimento do preceituado no artigo 864 daquele Código. III - Tendo sido sustada a execução em consequência da penhora sobre os mesmos bens ter sido aí feita posteriormente, e mostrando-se...
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