Acórdão nº 9730986 de Court of Appeal of Porto (Portugal), 20 de Novembro de 1997
Magistrado Responsável | ALVES VELHO |
Data da Resolução | 20 de Novembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART1691 N1 NA REDACÇÃO DO DL 329-A/95 DE 1995/12/12. CPC67 ART201 ART203 ART205 ART206 ART825 N2.
Jurisprudência Nacional: AC STJ DE 1994/01/18 IN BMJ N433 PAG490. AC STJ DE 1994/02/10 IN BMJ N434 PAG569. AC STJ DE 1994/03/15 IN BMJ N435 PAG744. AC STJ DE 1995/11/09 IN BMJ N451 PAG344.
Sumário: I - Com a entrada em vigor do Decreto-Lei 329-A/95, de 12 de Dezembro ( na redacção do Decreto-Lei 180/96, de 25 de Setembro ) o cumprimento forçado da obrigação deixou de ficar dependente da dissolução do casamento ou da separação de bens do casal e deixou de haver lugar à suspensão da execução quando nela fossem penhorados bens comuns, apenas se impondo ao exequente o ónus de pedir a citação do cônjuge do executado para pedir a separação de bens. II - Por força do artigo 27 do mencionado Decreto-Lei, a nova redacção do artigo 1696 n.1 do Código...
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