Acórdão nº 086681 de Supremo Tribunal de Justiça (Portugal), 23 de Fevereiro de 1995 (caso NULL)
Magistrado Responsável | COSTA MARQUES |
Data da Resolução | 23 de Fevereiro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: A VARELA IN MANUAL DE PROC CIVIL PAG23. A REIS IN CPC ANOTADO VOLI PAG623.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART601 ART619 N1 ART622. CPC67 ART384 ART399 ART402 ART403 N1 ART838 N2 ART840 ART843.
Jurisprudência Nacional: AC STJ DE 1982/05/25 IN BMJ N317 PAG215. AC STJ DE 1976/04/02 IN BMJ N256 PAG80.
Sumário : I - As providências cautelares são medidas judiciais decretadas em ordem a impedir que, durante a pendência de uma acção declarativa ou executiva, a situação de facto se altere de modo a que a sentença a proferir, sendo favorável, perca toda a eficácia ou parte dela. II - A providência cautelar de arresto é a medida judicial adequada à conservação da garantia patrimonial dos credores, como decorre do disposto no artigo 619, n. 1 do Código Civil e 403, n. 1 do Código de Processo Civil. III - A providência cautelar inominada regulada...
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