Acórdão nº 9240988 de Court of Appeal of Porto (Portugal), 23 de Fevereiro de 1993
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 23 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. AGRAVO.
Decisão: NEGADO PROVIMENTO. PROVIDO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROC ESP / PROC EXEC.
Legislação Nacional: CPC67 ART1412 N1 ART1413 N1 ART1052 N1 ART1060 N1 N2 N3 ART463 N2 N3 ART909 N1 N4 E.
Sumário: I - O acordo entre os diversos interessados numa acção de divisão de coisa comum, já na fase de julgamento, no sentido de considerarem indivisível o imóvel objecto da acção, equivale à falta de contestação da indivisibilidade, conduzindo à imediata convocação da conferência a que se refere o nº 2 do artigo 1060 do Código de Processo Civil. II - O pedido de divisão de coisa comum pode visar a modificação da compropriedade, através da redução do número de comproprietários. III - Na arrematação em hasta pública ordenada nos termos do nº 2 do artigo 1060 do Código de Processo Civil nada impede que alguns dos comproprietários - os A.A. - licitem e arrematem o prédio em comum, mantendo-se em relação a eles a compropriedade. IV - No requerimento em que se pede que a venda em hasta pública seja declarada sem efeito, como na respectiva oposição a esse pedido, devem as partes oferecer todas as provas. V - Só depois de produzidas as provas oferecidas é...
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