Acórdão nº 071740 de Supremo Tribunal de Justiça (Portugal), 27 de Março de 1984 (caso NULL)
Magistrado Responsável | M SANTOS CARVALHO |
Data da Resolução | 27 de Março de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART3 ART56 N2 ART150 ART921.
Sumário : I - A acção executiva atraves da qual se pretende fazer valer uma garantia hipotecaria deve ser proposta contra o possuidor dos bens hipotecados. II - Tendo o credor hipotecario o direito de ser pago, de preferencia a outros credores, pelo produto dos bens hipotecados que constituem a garantia real, não pode deixar de entender-se que a sua posse não prejudica aquela afectação juridica e o adquirente de bens onerados com garantia real não deixa de ser devedor. III - O preceito contido no n. 2 do artigo 56 do Codigo de Processo Civil, embora dispense, para o caso nele previsto, a intervenção do proprio devedor, como executado, desde que seja demandado o possuidor da coisa onerada, pressupõe, no entanto, a necessidade da intervenção do devedor e do possuidor...
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