Expurgação de hipoteca
| Autor | Helder Martins Leitão |
| Cargo do Autor | Advogado |
| Páginas | 118 |
Page 118
s.f. (lat. expurgatione).
s.c.: acto de expurgar; evacuação; correcção.
s.f. (gr. hypotheke).
s.c.: sujeição de bens imóveis ao pagamento de uma dívida; dívida que resulta dessa sujeição.
A expurgação de hipotecas consiste em desonerar o prédio hipotecado, isto é, em o libertar do ónus real da hipoteca que sobre ele pesa. O prédio estava sujeito ao ónus de garantir o cumprimento de determinada obrigação; com a expurgação fica livre desse ónus. O que regula é a inscrição hipotecária; o credor não pode exigir do requerente mais do que a quantia à segurança da qual a hipoteca se acha registada; se pedir mais, o juiz não deve atendê-lo.
Remissões:
Arts. 73.º/1 e 998.º a 1006.º C.P.C..
Jurisprudência:
...
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