Acórdão nº 083575 de Supremo Tribunal de Justiça (Portugal), 30 de Março de 1993
Data | 30 Março 1993 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART474 N1 C ART475 N2 ART864 ART865. CCIV66 ART755 N1 F ART824 ART826 ART866 ART867.
Jurisprudência Nacional: AC STJ DE 1963/10/25 IN BMJ N130 PAG421.
Sumário : I - O despacho que rejeita liminarmente uma reclamação de crédito nunca assume a natureza de uma sentença que o gradue, de modo que, por razões de ordem sistemática, lógica e de analogia com o disposto nos artigos 474 e 475 do Código de Processo Civil, de tal despacho cabe recurso de agravo e nunca de apelação, por impossibilidade legal de se configurar o circunstancialismo previsto nos artigos 868 e 691 do mesmo Código. II - O comprador que adquiriu prédio hipotecado não goza do direito de retenção no caso do mesmo prédio ser penhorado e posteriormente vendido judicialmente ou, extrajudicialmente, no processo executivo. III - O adquirente de um prédio hipotecado que efectua o registo de aquisição antes da penhora desse bem, não goza de qualquer garantia real sobre o mesmo bem, transferida...
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