Acórdão nº 3.940/06.0TVLSB-C.L1-8 de Court of Appeal of Lisbon (Portugal), 11 de Fevereiro de 2010
Magistrado Responsável | BRUTO DA COSTA |
Data da Resolução | 11 de Fevereiro de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: AGRAVO Decisão: PROVIDO Sumário: 1. Existe jurisprudência no sentido de quando o arresto visar acautelar efeitos da impugnação, designadamente a pauliana, a legitimidade passiva para o respectivo processo deva coincidir com a legitimidade passiva para a acção de impugnação.
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Note-se, todavia, em todos os arestos apontando no sentido do litisconsórcio necessário, os litisconsortes são os adquirentes ou os promitentes compradores dos imóveis que são objecto do arresto.
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Diferente é o caso de o putativo litisconsorte ser um Banco cuja relação com o negócio é o mero facto de ter financiado o adquirente do prédio com garantia hipotecária, i.e., com a constituição de hipoteca a seu favor sobre os prédios comprados/vendidos e cujo arresto está pedido.
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O efeito útil normal da decisão de um arresto é a colocação de certos bens do devedor na...
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