Acórdão nº 9550493 de Court of Appeal of Porto (Portugal), 13 de Novembro de 1995
| Magistrado Responsável | ALVES CORREIA |
| Data da Resolução | 13 de Novembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DO ANO DE 1993 E DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART686 ART687 ART413. CPC67 ART817 ART484 N1 ART485 ART505 ART490.
Sumário: I - A falta de contestação dos embargos de executado não equivale á revelia, nos termos do artigo 484 n.1 e 485 do Código de Processo Civil, mas antes à falta de um articulado, nos termos dos artigos 505 e 490: consideram-se admitidos por acordo os novos factos alegados na petição de embargos estando sujeitos a prova os demais que estejam em oposição com os invocados pelo exequente no requerimento executivo. II - Constituída hipoteca sobre edifício que foi dividido em fracções, mediante o competente contrato e seu registo, o titular da hipoteca fica com direito real de...
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