Acórdão nº 0049996 de Court of Appeal of Lisbon (Portugal), 25 de Março de 1993
| Magistrado Responsável | ALMEIDA VALADAS |
| Data da Resolução | 25 de Março de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: SUSPENSÃO DA INSTÂNCIA.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART97 N2 ART279 N1 ART686 N1 ART687 ART868 N4. CRP84 ART6 N1.
Jurisprudência Nacional: ASS STJ DE 1960/05/24 IN BMJ N97 PAG173.
Sumário: I - O processo executivo propriamente dito não pode ser suspenso com base na pendência de causa prejudicial. II - Já o poderá ser, porém, o apenso de concurso de credores que tem natureza declarativa. III - Existindo um apenso de concurso de credores duas certidões registrais contraditórias no tocante à anterioridade de um registo de hipoteca a favor do exequente relativamente a outro a favor dum reclamante, justifica-se a suspensão da instância no apenso até que no processo criminal entretanto instaurado se apure se existe...
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