Acórdão nº 086139 de Supremo Tribunal de Justiça (Portugal), 17 de Outubro de 1995
Magistrado Responsável | OLIVEIRA BRANQUINHO |
Data da Resolução | 17 de Outubro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA BMJ N75 PAG280. RLJ ANO111 PAG153. A VARELA OBG VOLII 5ED PAG454. LIMA A VARELA ANOT VOLI 4ED PAG633. A COSTA OBG 5ED PAG729.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART605 ART610 ART616 N1 N4 ART618 ART830 ART892. CPC67 ART193 N1 C.
Jurisprudência Nacional: AC STJ PROC78267 DE 1990/03/14. AC STJ DE 1991/02/19 IN ROA ANO51 VOLII PAG566. AC STJ DE 1977/10/13 IN RLJ ANO111 PAG153.
Sumário : I - A impugnação pauliana não é uma acção de nulidade, com o regresso, no caso de alienação de bens, à titularidade do devedor alienante, pois a restituição a que alude o artigo 616, n. 1 do Código Civil, significa apenas a ineficácia do acto para o efeito de o credor agredir o património do adquirente, quanto ao objecto transmitido, como excepção à regra de só o património do devedor responder pelas suas obrigações, pois a acção de anulação vem regulada no artigo 605 do Código Civil. II - Se os factos articulados na petição inicial integram como causa de pedir uma impugnação pauliana, mas se os pedidos claramente feitos nas suas alíneas a) e b) - anulação de actos de transmissão de...
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