Acórdão nº 97A675 de Supremo Tribunal de Justiça (Portugal), 18 de Novembro de 1997
Magistrado Responsável | MACHADO SOARES |
Data da Resolução | 18 de Novembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR FAM. DIR PROC CIV - PROC EXEC / PROC ESP. DIR COM.
Legislação Nacional: CCIV66 ART1255 ART1268 ART1305 ART1696 N1. CPC67 ART193 N3 ART208 ART825 N2 ART1037 N2 ART1038 N2 C. CCOM888 ART10.
Jurisprudência Nacional: AC STJ DE 1993/09/29 IN CJSTJ ANOI TI PAG43. ASS STJ DE 1978/04/13 IN BMJ N276 PAG99. AC RE DE 1988/10/06 IN CJ ANOXIII TIV PAG258. AC STJ PROC77942 DE 1991/01/19.
Sumário : I - Os embargos de terceiro são facultados ao possuidor em nome próprio, como meio de reagir contra uma penhora que ofenda a sua posse, quer esta seja efectiva ou meramente jurídica, i.e., independentemente do contacto material com a coisa, e seja ela exercida directamente ou por intermédio de outrem. II - O exequente pode executar imediatamente a meação do cônjuge do executado nos...
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