Acórdão nº 0076516 de Court of Appeal of Lisbon (Portugal), 03 de Novembro de 1994
| Magistrado Responsável | SILVA PAIXÃO |
| Data da Resolução | 03 de Novembro de 1994 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: P DE LIMA E A VARELA IN CCIV66 ANOT 2ED V3 PAG6. A VARELA IN RLJ ANO124 PAG351. L CARDOSO IN MANUAL DA ACÇÃO EXECUTIVA 3ED PAG325.
Área Temática: DIR CIV - DIR OBG / DIR REAIS.
Legislação Nacional: CPC67 ART836 N3 ART864 ART1037 N1. CCIV66 ART601 ART755 N1 F ART758 ART759 N3 ART1253 ART1285.
Jurisprudência Nacional: AC STJ DE 1968/03/29 IN BMJ N175 PAG272. AC STJ DE 1974/01/15 IN BMJ N233 PAG173. AC RL DE 1990/10/11 IN CJ ANOXV T4 PAG147. AC STJ DE 1993/03/31 IN CJ ANOI TII PAG44. AC STJ DE 1993/10/13 IN CJ ANOI TIII PAG60. AC STA DE 1984/02/08 IN AD N271 PAG889.
Sumário: I - Porque se trata de um direito real de garantia e não de um direito real de gozo, o direito de retenção do promitente-comprador não obsta à penhora da coisa, quer a penhora seja requerida por quem tiver direito real de garantia, quer seja promovida por um dos credores comuns do proprietário da coisa. II - Na execução em...
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