Acórdão nº 0036372 de Court of Appeal of Lisbon (Portugal), 17 de Janeiro de 1991
Magistrado Responsável | SILVA CALDAS |
Data da Resolução | 17 de Janeiro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART440 ARRT442 ART819 ART874 ART934. CPC67 ART876 N2 ART879 N2 ART882 N2 ART886 A ART888 N3 ART898 N2 ART900 ART901 N2 ART904 N1 N3 N5 ART905 N1 N2 ART916. CCJ62 ART149 ART152. DL 41957 DE 1958/11/13. DL 368/77 DE 1977/09/03.
Sumário: I - A venda judicial é uma venda forçada efectuada pelo Estado (quase sempre contra a vontade do dono dos bens, o executado), o qual se substitui ao dono das coisas, que haviam sido penhoradas. II - O arrematante, ao arrematar bens numa praça pagando, no acto desta, apenas parte do preço, se não pagar o restante, perderá o que pagou, ficando, em princípio, sem efeito a compra que fizera. III - Contudo, sendo marcada nova praça, ele poderá depositar o restante do preço por que tinha arrematado e, nesse caso, subsiste a arrematação que havia feito, ou seja a sua compra. IV - O...
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