Acórdão nº 98A934 de Supremo Tribunal de Justiça (Portugal), 05 de Novembro de 1998
| Magistrado Responsável | AFONSO DE MELO |
| Data da Resolução | 05 de Novembro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART879 B ART1285. CPC67 ART206 N1 ART1037 N1 N2 ART1043 N1. CRP84 ART5.
Sumário : I - Os embargos de terceiro na configuração anterior à Reforma de 1995/96 do C.P.Civil, eram dirigidos exclusivamente à defesa da posse ofendida ou ameaçada por diligência ordenada judicialmente - artigos 1285 do C.Civil, e 1037, n. 1, do C.P.Civil. II - Terceiro era aquele que não interveio no acto jurídico de que emanou a diligência judical, nem representou quem foi condenado no processo ou quem no acto se obrigou e, excepcionalmente, o próprio condenado ou obrigado - referido artigo 1037, n. 2. III - A hipoteca judicial, embora se sustente que tem a natureza de penhora...
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