Acórdão nº 0059974 de Court of Appeal of Lisbon (Portugal), 21 de Março de 1990
Data | 21 Março 1990 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC TRAB. DIR PROC CIV - PROC EXEC.
LegislaÁ„o Nacional: CPC67 ART144 N4 ART1037 N2 ART1039. CCIV66 ART1059 ART1118 N2 B.
Sum·rio: I - Considera-se terceiro aquele que n„o tenha intervindo no processo ou no acto jurÌdico de que emana a diligÍncia judicial, nem represente quem foi condenado no processo ou quem no acto se obrigou. II - O prazo de 20 dias para interposiÁ„o de embargos de terceiro, a que se refere o artigo 1039 do CPC, È um prazo judicial, nos termos do n. 4 do art. 144 do mesmo diploma - pelo que, na sua contagem, n„o entram s·bados, domingos e feriados. Assim, tendo a penhora tido lugar em 21-5-1986 e os embargos em 12-6-1986, foram os mesmos deduzidos tempestivamente. III - Sendo os embargantes, ao mesmo tempo, sÛcios da Executada e herdeiros do falecido titular do contrato de arrendamento - o qual, em vida, foi sÛcio da sociedade executada - n„o se pode, porÈm, afirmar que eles, tendo essa dupla qualidade, vÍm embargar apenas como herdeiros do falecido titular do contrato de arrendamento. IV - … que, por um lado, as qualidades em confronto n„o s„o as de sÛcios e de herdeiros - pois, enquanto sÛcios, eles n„o possuem nada, visto que quem possui (ou n„o) È a sociedade. Por outro lado, tendo sido penhorado o direito ao trespasse e ao arrendamento, a haver ofensa da posse, ela sÛ poderia existir em relaÁ„o ao arrendamento, pois que, n„o sendo os embargantes comerciantes a tÌtulo...
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