Acórdão nº 0084762 de Court of Appeal of Lisbon (Portugal), 26 de Maio de 1994
Data | 26 Maio 1994 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: ANTUNES VARELA IN RLJ ANO115 PAG252.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART840 ART850 N1 ART863.
Jurisprudência Nacional: AC STJ DE 1981/02/03 IN BMJ N304 PAG348.
Sumário: I - A prática corrente, mas incorrecta, de indicar à penhora o direito ao trespasse, muitas vezes acompanhado da nomeação do direito ao arrendamento,tem que ser entendida como se tratando da nomeação do próprio estabelecimento, pois que este, sim, é que é, rigorosamente o bem penhorável. II - Penhorável é não só o estabelecimento como unidade jurídica. mas também o direito ao estabelecimento, cumprindo-se neste caso o disposto no art. 863 do CPC para efectivação da penhora. III - Nada impede que o exequente requeira, juntamente com a penhora global ou unitária do estabelecimento, a penhora de bens isolados (uti...
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