Acórdão nº 0048271 de Court of Appeal of Lisbon (Portugal), 24 de Março de 1992
| Magistrado Responsável | COUTINHO DE FIGUEIREDO |
| Data da Resolução | 24 de Março de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART668 N1 ART819. CPC67 ART56 N1 N2. CRP84 ART119 N1 N2.
Sumário: I - Nos casos em que o Exequente pretende fazer valer garantia hipotecária, a execução terá de ser proposta contra o possuidor do bem onerado. E poderá ser intentada apenas contra ele se o Exequente entender não dever executar, também, o devedor para obter a satisfação do seu crédito. Mas não é causa de ilegitimidade a circunstância de o devedor, em momento posterior à execução contra si instaurada, alienar o bem hipotecado. II - Não há lugar à citação a que se refere o n. 2 do artigo 119...
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