Acórdão nº 9830803 de Court of Appeal of Porto (Portugal), 09 de Julho de 1998
| Magistrado Responsável | VIRIATO BERNARDO |
| Data da Resolução | 09 de Julho de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART759 N1 N2 ART755 N1 F. CPC67 ART46 A ART47 N1 ART865 N1 N2 ART869 N1.
Jurisprudência Nacional: AC STJ DE 1995/05/11 IN CJSTJ T2 ANOIII PAG81.
Sumário: I - O direito de retenção sobre coisa imóvel é um direito real de garantia e prevalece sobre hipoteca ainda que esta tenha sido registada anteriormente. II - Penhorado determinado imóvel pelo exequente, credor hipotecário, e sendo reclamado um crédito pelo promitente-comprador do mesmo imóvel e que sobre ele goza do direito...
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