Acórdão nº 0040191 de Court of Appeal of Lisbon (Portugal), 21 de Setembro de 1993
Data | 21 Setembro 1993 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART611 ART612 ART686 N1. CPC67 ART822 N1.
Jurisprudência Nacional: AC RE DE 1979/03/01 IN CJ T4 1979 PAG380. AC STJ DE 1980/01/17 IN BMJ N293 PAG235.
Sumário: I - A constituição de garantia hipotecária envolve diminuição da garantia patrimonial para o credor comum (artigo 686-1, C. Civil) e, por isso, é susceptível de impugnação pauliana ( S.T.J. , 17-1-80 , Bol. 293- 235, R.E., 1-3-79, C.J. 1979, IV -380), o que mais se justifica em relação à da garantia hipotecária do crédito da apelante e não à do próprio crédito, visto que o da impugnação gozava, aquando da impugnação, de preferência resultante da penhora (artigo 822-1, C.P.C.). II - É manifesto que o crédito da exequente é anterior ao acto (hipoteca) cuja impugnação pauliana se requer e dele resulta a impossibilidade para o credor de obter a satisfação integral do seu crédito ou agravamento dessa imposibilidade, já que o requerente não alegou que os executados possuam bens penhoráveis de...
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