Acórdão nº 087852 de Supremo Tribunal de Justiça (Portugal), 23 de Janeiro de 1996
Magistrado Responsável | NASCIMENTO COSTA |
Data da Resolução | 23 de Janeiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS IN PROC DE EXECUÇÃO VOLII PÁG136 E 162/2.
Área Temática: DIR CIV - DIR OBG. DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC CIV - RECURSOS. DIR COM.
Legislação Nacional: CPC67 ART668 N1 D ART843. CCIV66 ART483 N1 ART668 ART669 N1. CCOM888 ART402. DL 29833 DE 1939/08/17. DL 693/70 DE 1970/12/31 ART9 N1 N2. CP82 ART313 ART317 ART453.
Sumário : I - Incorre em responsabilidade civil aquele que, com dolo ou mera culpa, violar ilicitamente o direito de outrem ou qualquer disposição legal destinada a proteger interesses alheios. II - Ao depositário judicial cumpre administrar os bens com diligência e zelo de um bom pai de família e com a obrigação de prestar contas. III - O penhor só produz, em princípio, efeitos pela entrega da coisa empenhada. IV - A lei, no entanto, admite regimes especiais dispensando a entrega da coisa - artigo 668 do Código Civil e 402 do Código Comercial. V - O penhor...
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