Acórdão nº 1616/97.0YYLSB-A.L1-8 de Court of Appeal of Lisbon (Portugal), 05 de Novembro de 2009
| Data | 05 Novembro 2009 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: AGRAVO Decisão: PROVIDO Sumário: Resulta do sistema legal vigente (arts. 808º, nº1, e 809º C.P.Civil) que o exercício das compe- tências atribuídas ao solicitador de execução está sujeito a controlo jurisdicional.
Por outro lado, por força do princípio dispositivo, se o exequente tiver cumprido adequadamente com o ónus de indicar bens a penhorar, deverá o agente de execução começar por tentar a penhora dos bens indicados, salvo se a indicação não respeitar o princípio da proporcionalidade, nos termos do nº1 do art. 834º do C.P.Civil.
Devendo, por seu turno, o juiz, ordenar a penhora dos...
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