Questão jurídica principal
Who had to file the action after the third-party claim to the seized share certificates?
Decisão extraída
Because the certificates were in the possession of a fourth party who held them exclusively for the debtor, the office correctly set the time limit to the wife, the third-party claimant, under Art. 107 LP.
Fundamentação extraída
The authorities only determine the apparent better right and the factual control of the movables. The claimant produced no material evidence that the fourth party held for her or jointly with the debtor; the debtor's unsupported statements and marital property presumptions were not decisive at this stage.