Acórdão nº 087564 de Supremo Tribunal Administrativo (Portugal), 26 de Setembro de 1995 (caso None)
| Magistrado Responsável | MIGUEL MONTENEGRO |
| Data da Resolução | 26 de Setembro de 1995 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV - PROCED CAUT.
LegislaÁ„o Nacional: CPC67 ART384 ART401 ART404 ART406.
JurisprudÍncia Nacional: AC STJ DE 1982/02/18 IN BMJ N314 PAG276.
Sum·rio : I - O decretamento da providÍncia cautelar de arresto depende da alegaÁ„o e prova dos seguintes requisitos prim·rios e positivos: probabilidade da existÍncia do crÈdito do requerente e justo receio de perda da garantia patrimonial sobre o requerido; depender·, ainda, de um requisito negativo: o de que o requerido n„o È comerciante matriculado, ou que embora matriculado, nunca exerceu o comÈrcio ou deixou de o exercer h· mais de trÍs meses. II - Tendo o arresto sido...
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