Acórdão nº 0086451 de Court of Appeal of Lisbon (Portugal), 22 de Novembro de 1994
Magistrado Responsável | GUILHERME IGREJA |
Data da Resolução | 22 de Novembro de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV - PROC EXEC.
LegislaÁ„o Nacional: CPC67 ART45 N1 ART825 N1. CCIV66 ART1696 N1.
Sum·rio: I - Na execuÁ„o movida contra um sÛ dos cÙnjuges, a penhora, em princÌpio, est· restrita aos seus bens prÛprios e ao seu direito ‡ meaÁ„o nos bens comuns, ficando, neste caso, suspensa a execuÁ„o atÈ ser exigÌvel o cumprimento nos termos da lei substantiva. II - Desde que n„o haja lugar ‡ moratÛria, podem ser imediatamente penhorados bens comuns do casal, desde que o exequente, ao nome·-los ‡ penhora, peÁa a citaÁ„o do cÙnjuge do executado para requerer a separaÁ„o de bens. III - N„o h· lugar ‡ moratÛria estabelecida no n. 1 do art. 1696 do CC quando for exigido de qualquer dos cÙnjuges o cumprimento de uma obrigaÁ„o emergente de acto de comÈrcio, ainda que o seja apenas em relaÁ„o a uma das partes. IV - Em execuÁ„o por dÌvida da exclusiva responsabilidade de um dos cÙnjuges, constante de tÌtulo de crÈdito, sÛ È vi·vel a penhora imediata de bens comuns do casal se for comercial a obrigaÁ„o subjacente ao tÌtulo, sendo, pois, insuficiente a...
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