Acórdão nº 9930422 de Court of Appeal of Porto (Portugal), 15 de Julho de 1999 (caso NULL)
| Magistrado Responsável | SOUSA LEITE |
| Data da Resolução | 15 de Julho de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART601 ART619 N1 ART633 N2 N3. CPC95 ART406 N1 ART381 N1 ART392 N1.
Sumário: I - O decretamento de qualquer providência cautelar, destinada a assegurar a cobrança do crédito do respectivo requerente, tem como pressuposto a prova do requisito da existência de justo receio da perda da garantia constituída pelo património do devedor. II - A alegação dos factos indiciadores de tal requisito não pode ser substituída pela hipotetisação oficiosa da sua...
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