Acórdão nº 0094731 de Court of Appeal of Lisbon (Portugal), 13 de Junho de 1995
| Magistrado Responsável | HUGO BARATA |
| Data da Resolução | 13 de Junho de 1995 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV. DIR COM.
Legislação Nacional: CCIV66 ART1733. CCOM888 ART10. CPC67 ART812 ART825 N2 N3.
Sumário: I - No regime da comunhão geral de bens, estes são pertença, domínio, propriedade ou titularidade dos cônjuges, com excepção do que está injuncionado no artigo 1733 do Código Civil. II - Estando provado em acção declarativa que se trata de dívida comercial e tendo tal acção seguido a forma sumária e ainda que na execução que se lhe seguiu foi nomeado à penhora um bem comum do casal e requerida a citação conformemente aos artigos 10 do Código Comercial e 825 ns. 2 e 3 do Código de Processo Civil, não tendo sido requerida pelo outro cônjuge a separação de bens, a execução deverá prosseguir o seu...
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