Acórdão nº 075250 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1988
| Magistrado Responsável | LIMA CLUNY |
| Data da Resolução | 06 de Janeiro de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR REGIS NOT.
Legislação Nacional: CPC67 ART1037. CRP67 ART2 N1 A ART7 N1 E N2 ART9.
Jurisprudência Nacional: AC STJ DE 1983/06/07 IN BMJ N328 PAG504.
Sumário : I - Para efeito do n. 1 do artigo 7 do Codigo do Registo Predial de 1967, quando aplicavel, so são "Terceiros" os adquirentes de direitos incompativeis entre si e procedentes do mesmo autor. II - Isto na medida em que a função do registo predial e a de assegurar, a quem adquire direitos de certa pessoa sobre um predio, que esta não realizou em relação a ele actos susceptiveis de prejudicar o mesmo adquirente, não sendo de sua função assegurar ao adquirente a inexistencia de quaisquer outros direitos sobre o predio, eventualmente constituidos por outra via. III - Não pode dizer-se que a "hipoteca judicial" ou a "penhora" por nomeação do credor, constituidas...
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