Acórdão nº 0034196 de Court of Appeal of Lisbon (Portugal), 06 de Fevereiro de 1992
| Magistrado Responsável | NASCIMENTO GOMES |
| Data da Resolução | 06 de Fevereiro de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART410 N3.
Jurisprudência Nacional: AC RL DE 1989/11/23 IN CJ ANO1989 T5 PAG119.
Sumário: I - A transacção judicial, homologada e transitada em 1987, na qual se reconhece um crédito e a existência de direito de retenção sobre imóvel, é oponível a terceiro que, relativamente ao prédio depois penhorado pelo transaccionante em execução de sentença, tem sobre ele um direito hipotecário registado. E que essa transacção não contende com a existência ou validade do seu direito, embora possa afectar a sua consitência prática ou económica. (Manuel de Andrade, "Noções Elementares...", 1979, página 212). II - A falta de reconhecimento presencial das assinaturas dos contratantes e a falta de certificação notarial da...
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