Acórdão nº 0058911 de Court of Appeal of Lisbon (Portugal), 02 de Junho de 1992
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 02 de Junho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART890.
Jurisprudência Nacional: AC STJ DE 1983/01/20 IN BMJ N323 PAG333. AC RL DE 1981/02/06 IN BMJ N309 PAG389.
Sumário: I - As formalidades prescritas no art. 890, CPC, são inquestionáveis exigências legais, a fim de que se garantam as maiores potencialidades do credor, do devedor e de demais interessados no acto. II - De imediato se constata que nada nos autos alude a que se fez inserir edital na porta do prédio/fracção predial hasteanda. Pelo contrário, o silêncio dos autos, o silêncio do preferente-arrematante e a arguição do recorrente quanto a isso, são a prova fechada de que tal edital não foi afixado. III - O que se não pode conferir ao recorrente é o direito de defraudar a lei "a cause" de que não estavam existentes nos autos os anúncios na...
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