Acórdão nº 0050361 de Court of Appeal of Lisbon (Portugal), 05 de Maio de 1992
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 05 de Maio de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A A CASTRO DA ACÇÃO EXECUTIVA PAG155. PIRES DE LIMA ANTUNES VARELA COD CIV ANOT 1986 II PAG760.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART839 N2 ART843 ART892 ART897 N4 ART899 N2. CCIV66 ART819 ART1187.
Sumário: I - O executado continua a ser proprietário, titular, dos bens penhorados, pois que a penhora não atinge o núcleo essencial do direito de propriedade mas sim faculdades de disposição da coisa objecto imediato do direito referido (p. ex, A. A. de Castro, "Da acção executiva..." p155/6). II - A circunstancia de ser nomeado um terceiro como fiel depositário - e nada há na lei que exclua de sê-lo o próprio executado (art. 839 n. 2, CPC) - do bem penhorado, não leva à eliminação absoluta e radical da administração que todo o proprietário tem da sua coisa. Essa administração como que a ser exercível por dois - executado e administrador judicial -, apenas sendo atacáveis os actos do executado que sejam nocivos em relação ao exequente e demais credores admitidos na execução (p. ex, art. 843, n. 2 e 3, CPC; art. 819, Código Civil; p. l - A. V. Anot. 1986, CC Anot. 1986, 2 vol, art. 1187). III - Se bem que na jurisprudência possa haver discrepancia...
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