Acórdão nº 076804 de Supremo Tribunal de Justiça (Portugal), 29 de Novembro de 1988
Magistrado Responsável | ELISEU FIGUEIRA |
Data da Resolução | 29 de Novembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART403 ART421 ART722 N2 ART729 N2 ART1041.
Sumário : I - E jurisprudencia corrente que, para a rejeição liminar dos embargos com o fundamento estabelecido no artigo 1041, n. 1 do Codigo de Processo Civil, não interessa a boa ou ma fe do adquirente, ja que o pressuposto desse normativo e o de que as circunstancias de transmissão revelem claramente que ela se fez para o transmitente se subtrair a sua responsabilidade. O interesse aqui prevalente e o do credor. II - Na decisão recorrida mostra-se fixada a materia de facto que integra o pressuposto da rejeição liminar dos embargos, mas essa materia não e so constituida pelas circunstancias objectivas da transmissão, mas ainda pela intenção ou proposito do transmitente, ainda que esta intenção seja uma inferencia...
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