Leilão
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 177-178 |
Page 177
s.m. (ár. al-a'lam).
s.c.: venda em hasta pública a quem oferecer maior lanço; arrematação; almoeda.
A venda dos bens penhorados pode ser judicial ou extrajudicial.
A venda em estabelecimento de leilão é uma espécie de venda extrajudicial.
A este tipo de venda é aplicável, com as necessárias adaptações, o disposto no C.P.C. à venda por negociação particular.
A venda é feita pelo pessoal do estabelecimento e segundo as regras que estejam em uso. O gerente do estabelecimento depositará o preço líquido na Caixa Geral de Depósitos, à ordem do tribunal e fará juntar ao processo o respectivo conhecimento, nos cinco dias posteriores à realização da venda, sob cominação das sanções aplicáveis ao infiel depositário.
Os credores, o executado e qualquer dos licitantes podem reclamar contra as irregularidades que se cometam no acto do leilão. Para decidir as reclamações o juiz pode examinar ou mandar examinar a escrituração do estabelecimento, ouvir o respectivo pessoal, inquirir as testemunhas que se oferecerem e proceder a quaisquer diligências.
O leilão será anulado quando as irregularidades cometidas hajam viciado o resultado final da licitação, sendo o dono do estabelecimento condenado na reposição do que tiver embolsado, sem prejuízo da indemnização pelos danos que haja causado.
Se for anulado, repetir-se-á o leilão noutro estabelecimento e, se o não houver, proceder-se-á à venda judicial ou por negociação particular.
Remissões:
arts. 906.º e 907.º...
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