Acórdão nº 0063621 de Court of Appeal of Lisbon (Portugal), 02 de Dezembro de 1992
| Magistrado Responsável | HUGO BARATA |
| Data da Resolução | 02 de Dezembro de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART833 ART924 ART1118.
Sumário: I - Conquanto a execução especial por dívida de alimentos tenha estado, e esteja, demarcada por uma maior aceleração precisamente na senda de conferirem rapidamente os injuncionados alimentos, não se segue que o executado tenha de ficar peado de poder terçar por interesses próprios que não anulem ou diminuam o direito executado. II - A normalidade na execução está em ser o executado quem tem o "prius" na designação dos bens a penhorar (art. 833, CPC). III - Na execução alimentar é o exequente quem titula essa prioridade designativa; assim, bem se compreende que ao executado se confira a faculdade posterior de pronúncia para, na dinamica de um contraditório salutar, irradicar...
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