Acórdão nº 0077624 de Court of Appeal of Lisbon (Portugal), 28 de Outubro de 1992
Magistrado Responsável | MAMEDE DA CRUZ |
Data da Resolução | 28 de Outubro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART865 N1. CCIV66 ART736 N1 A ART744 N1. DL 103/80 DE 1980/05/09 ART10. L 17/86 DE 1986/06/14 ART12 N1 N2.
Sumário: I - Na acção executiva só podem ser reclamados créditos com garantia real sobre os bens penhorados. II - Penhorado apenas um bem móvel do património do executado, o crédito do Estado relativo à Contribuição Predial, porque não goza de privilégio mobiliário geral, não poderá ser admitido e muito menos graduado. III - Deverá também excluir-se da graduação o crédito reclamado relativo ao imposto de mais-valia por não satisfazer o condicionalismo exigido pela parte final do n. 1 do artigo 736 do C. Civil. IV - Os créditos da Segurança Social...
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