Acórdão nº 082149 de Supremo Tribunal Administrativo (Portugal), 13 de Abril de 1994 (caso None)
| Magistrado Responsável | FARIA DE SOUSA |
| Data da Resolução | 13 de Abril de 1994 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART158 N1 N2 ART1237 N1 C. CF899 ART62 N3. CCIV66 ART755 N1 F ART759 N1 N2.
Sumário : I - Em face da apreensão da coisa para a massa falida o único meio de reacção é a reclamação e não os embargos. II - A nossa lei considera duas espécies de reclamação: a reclamação para restituição que é a própria quando, sobre a coisa, tem o reclamante plena e exclusiva propriedade; e a reclamação para separação quando convergem sobre a coisa direitos do reclamante e do falido. III - O contrato-promessa de compra e venda de fracções com pagamento pelos promitentes compradores, ora reclamantes na falência, de várias prestações dos preços ajustados, e com ocupação e posse das chaves das respectivas fracções, atribui aos...
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