Acórdão nº 0005582 de Court of Appeal of Lisbon (Portugal), 11 de Janeiro de 1996
Magistrado Responsável | FERREIRA GIRÃO |
Data da Resolução | 11 de Janeiro de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1037. CCIV66 ART442 ART686 N1 ART759 N1.
Jurisprudência Nacional: AC STJ DE 1993/03/31 IN CJ ANOI TII PAG44. AC STJ DE 1993/10/13 IN CJ ANOI TIII PAG60. AC STJ DE 1994/05/26 IN CJ ANOII TII PAG120. AC RL DE 1995/01/19 IN CJ ANOXX TI PAG92.
Sumário: I - Não é lícito ao promitente comprador, que obteve o uso antecipado da coisa, usar os embargos de terceiro para impedir ou paralizar a penhora e consequente venda judicial da coisa detida, promovida por outro credor, titular ou não de direito real de garantia, sob pena de se criar, indevidamente, uma outra situação de impenhorabilidade de bens não prevista na Lei; II - Nesse caso, não poderá o promitente comprador recusar a entrega da coisa, sendo-lhe indicado, como único e adequado caminho de...
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