Acórdão nº 0088652 de Court of Appeal of Lisbon (Portugal), 05 de Maio de 1994
| Magistrado Responsável | FERREIRA GIRÃO |
| Data da Resolução | 05 de Maio de 1994 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR PROC CIV - PROC EXEC.
LegislaÁ„o Nacional: CCIV66 ART204 ART205 ART1038 F ART1118. CPC67 ART822. RAU90 ART115.
JurisprudÍncia Nacional: AC STJ DE 1981/02/03 IN BMJ N304 PAG348. AC RL DE 1993/06/29 IN CJ ANOXVIII T3 PAG143.
Sum·rio: I - Em vez de se nomear ‡ penhora o direito ao trespasse e arrendamento, dever· ser nomeado o prÛprio estabelecimento comercial, enquanto universalidade integrada por elementos corpÛreos e elementos incorpÛreos, dos quais poder· fazer parte o direito ao arrendamento (se o estabelecimento funcionar em prÈdio locado). II - E quando a nomeaÁ„o e subsequente penhora incidir, incorrectamente...
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