Acórdão nº 061887 de Supremo Tribunal de Justiça (Portugal), 09 de Dezembro de 1967
| Magistrado Responsável | LUDOVICO DA COSTA |
| Data da Resolução | 09 de Dezembro de 1967 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: ALBERTO DOS REIS IN PROCESSO DE EXECUÇÃO VI PAG38 VII PAG138 PAG142.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV867 ART891 N2. CPC61 ART835. CRP29 ART13 N2. L 2030 DE 1948/06/22 ART42.
Jurisprudência Nacional: AC STJ DE 1967/06/09 IN BMJ N168 PAG312.
Sumário : I - Constitui questão de facto, da competencia exclusiva das instancias, decidir, interpretando documentos dos autos, que a penhora efectuada num terreno abrangeu o edificio nele existente. II - Tal conclusão, porem, impõe-se como mero efeito da lei, para as hipotecas abrangerem os edificios em construção no terreno hipotecado e a penhora, sendo consequencia do acto hipotecario ja inscrito, ter, mesmo para com terceiros, a extensão da hipoteca...
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