Acórdão nº 076260 de Supremo Tribunal de Justiça (Portugal), 16 de Novembro de 1988
Data | 16 Novembro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANDRADE IN NOÇÕES ELEMEN V3 PAG172. A CASTRO IN ACÇÃO EXECUTIVA PAG255. V SERRA BMJ N73 PAG308. P LIMA VARELA CCIV ANOT PAG87.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART289 N1 ART408 N1 ART433 ART434 ART879 A ART893 ART1263 A B ART1268 N1 N2 ART1316 ART1317 A. CPC67 ART271 N3 ART497 ART498 N1 N2 N3 N4 ART673 ART909 N1 D.
Sumário : I - A venda em execução constitui uma verdadeira venda, mesmo que o vendedor seja o Estado, embora a aquisição pelo comprador não seja uma aquisição originaria, mas derivada, em que a propriedade da coisa passa directamente do executado para o comprador. II - Como tal, esta subordinada a regra "nemo plus juris in aliena transfere potest quam ipse habet", não podendo, por isso, o comprador adquirir mais direitos que aqueles que pertenciam ao executado. III - A venda em execução transfere para o adquirente os direitos do executado sobre a coisa vendida, transferencia que opera por mero efeito daquele acto. IV - Sendo a venda de coisa alheia nula, por o vendedor não ter legitimidade para a realizar, a transferencia não se opera se o transmitente (o executado) não for o proprietario da coisa. V - Porem, a nulidade da venda reporta-se apenas as relações entre o vendedor e o comprador, e não em relação ao verdadeiro proprietario da coisa, relativamente ao qual, sendo "res inter alios", e tão-so ineficaz, podendo este, em consequencia, reivindicar a coisa enquanto não se...
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