Acórdão nº 0062741 de Court of Appeal of Lisbon (Portugal), 06 de Outubro de 1992
Data | 06 Outubro 1992 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR CIV - DIR FAM. DIR PROC CIV - PROC EXEC.
LegislaÁ„o Nacional: CCIV66 ART1671 ART1678 A B C D E F ART1680 ART1682 N2 ART1696 N2 ART1697 N2. CPC67 ART264 N1 ART666 N1 ART672 ART675 N1 N2 ART744 ART1038 N1.
JurisprudÍncia Nacional: AC RC DE 1962/07/02 IN JR ANO1965 PAG839. AC RC DE 1987/03/31 IN CJ ANO1987 T2 PAG83. AC STJ DE 1984/10/30 IN BMJ N340 PAG343. AC RL DE 1975/05/14 IN BMJ N248 PAG460.
Sum·rio: I - Os depÛsitos banc·rios de que sÛ um dos cÙnjuges - casamento celebrado em regime de comunh„o - seja titular s„o, em princÌpio, bens comuns; n„o obstante, respondem pelas dÌvidas da exclusiva responsabilidade do titular, ao mesmo tempo que os seus bens prÛprios. Por consequÍncia, nem o credor, ao nome·-los ‡ penhora em execuÁ„o, tem que pedir a citaÁ„o do cÙnjuge do devedor-executado, nem tal citaÁ„o cabe. II - Proferido despacho a ordenar a penhora, esgota-se o poder jurisdicional do Juiz. SÛ mediante...
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