Acórdão nº 083886 de Supremo Tribunal de Justiça (Portugal), 26 de Janeiro de 1994 (caso NULL)
Data | 26 Janeiro 1994 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A COSTA DIR DAS OBG 3ED PAG601. P LIMA A VARELA CCIV ANOTADO VOLII 3ED PAG856.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG / TEORIA GERAL.
Legislação Nacional: CPC67 ART644 ART722 N2 ART729 N2 N3. CCIV66 ART271 N1 ART610 ART611 ART859.
Jurisprudência Nacional: AC RL DE 1987/05/28 IN CJ ANOXII T3 PAG89. AC STJ DE 1983/11/15 IN BMJ N331 PAG449.
Sumário : I - A impugnação pauliana consiste na faculdade que a lei concede aos credores de rescindirem judicialmente actos verdadeiros celebrados pelos devedores em seu prejuízo. II - O recurso àquele meio de conservação da garantia patrimonial do devedor está condicionado à verificação dos seguintes requisitos: 1 - envolver o acto diminuição da garantia patrimonial do crédito; 2 - não ser de natureza pessoal; 3 - resultar dele a impossibilidade, para o credor, de obter a satisfação integral do seu crédito, ou o agravamento dessa impossibilidade; 4 - ser o crédito anterior ou, sendo posterior, ter sido realizado dolosamente, com o fim de impedir a satisfação do futuro credor. III -...
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