Acórdão nº 0012184 de Court of Appeal of Lisbon (Portugal), 16 de Fevereiro de 1977
| Magistrado Responsável | COSTA AROSO |
| Data da Resolução | 16 de Fevereiro de 1977 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: VAZ SERRA IN BMJ N39. CORREIA DAS NEVES IN MANUAL DOS JUROS PAG161. ALBERTO DOS REIS IN PROCESSOS ESPECIAIS V1 PAG281.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART833 ART899 ART916. CCIV66 ART592 ART693 ART842.
Sumário: I - O terceiro que adquire um prédio com registo de hipoteca judicial para garantia de certo crédito pode na execução movida contra o originário devedor e transmitente obter o resgate de tal encargo pagando ou depositando somente o crédito e os juros relativos a três anos, não tendo que pagar os juros excedentes nem as custas da execução, sobretudo se o pedido incidental do pagamento ou depósito for efectuado antes de completada a penhora sobre aquele...
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