Acórdão nº 080357 de Supremo Tribunal de Justiça (Portugal), 23 de Abril de 1991
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 23 de Abril de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART201 ART864 N3 ART904 N3 ART908 N1 ART909 N1 A B ART921. DL 33267 DE 1943/11/24 ART4.
Sumário : I - Para a anulação da venda, realizada em acção executiva, por falta de citação dos credores com garantia real (artigo 864, n. 3 do Codigo de Processo Civil), exige a lei não so que o exequente seja seu beneficiario, mas ainda que o seja em exclusivo, o que não sucede se o comprador for pessoa diversa do exequente. II - Diversa e a razão de ser da situação contemplada no artigo 909, n. 1 do Codigo de Processo Civil, caso em que a anulabilidade da venda joga a favor dos executados e dos credores. III - O artigo 4 do...
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