Acórdão nº 9851085 de Court of Appeal of Porto (Portugal), 02 de Dezembro de 1998
| Magistrado Responsável | PINTO FERREIRA |
| Data da Resolução | 02 de Dezembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1037. CPC95 ART342 N1 ART347 ART351 N1.
Sumário: n - O artigo 351 do Código de Processo Civil ( na redacção do Decreto-Lei n.329-A/95, de 12 de Dezembro ) corresponde, em grande parte, ao anterior artigo 1037; mas, enquanto no anterior estava a função dos embargos de terceiro limitado à defesa da posse, com o novo regime pode o embargante, além da posse, defender qualquer outro direito patrimonial incompatível com a realização ou o âmbito da diligência judicial que se traduza num acto de agressão patrimonial. II - Não pode o embargante fazer uso do disposto no artigo 351 do Código de Processo Civil...
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