Acórdão nº 0062771 de Court of Appeal of Lisbon (Portugal), 09 de Março de 1993
| Magistrado Responsável | HUGO BARATA |
| Data da Resolução | 09 de Março de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC. DIR REGIS NOT. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART601 ART605 ART606 ART825 N2 ART1316. CPC67 ART821 ART824 ART827 N1 ART905 ART907. CRP84 ART1 ART2 N1 N U ART4 N1 ART5 N1.
Jurisprudência Nacional: AC RL DE 1974/12/06 IN BMJ N242 PAG354.
Sumário: I - A arrematação judicial de direitos de meação e hereditários não possibilita prolacção do despacho prevenido no artigo 907 do CPC: trata-se de um despacho inócuo, inobjectivo, ineficaz, insusceptível de formar caso julgado, porque no sistema do Código de Registo Predial se afigura impossível a inscrição da mera aquisição de direitos de meação e hereditários. II - O arrematante de tais direitos adquire Ope Legis as situações jurídicas activas e passivas que em relação a estes preexistam. III...
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