Acórdão nº 075805 de Supremo Tribunal de Justiça (Portugal), 28 de Janeiro de 1988 (caso NULL)
Magistrado Responsável | JULIO SANTOS |
Data da Resolução | 28 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - DIR FAM.
LegislaÁ„o Nacional: CPC67 ART421 ART428 ART668 N1 C ART1413.
Sum·rio : I - O arrolamento referido no artigo 1413, do Codigo de Processo Civil, resulta directamente de se haver proposto uma acÁ„o de divorcio e esse facto, so por si, justifica o interesse do conjuge na conservaÁ„o dos bens que, sendo comuns ou proprios, est„o na administraÁ„o do outro conjuge, independentemente de se alegar haver efectivo justo receio do seu extravio ou dissipaÁ„o, pelo que, nos seus fundamentos, desde que n„o exceda o seu objecto, isto e, desde que n„o incida em bens diferentes daqueles, a providencia funciona como um poder legal que n„o admite oposiÁ„o relevante: mas n„o tendo regulamentaÁ„o propria, aplica-se a regulamentaÁ„o do arrolamento em geral, prevista no artigo 1 413, do mesmo Codigo, que n„o for contraria a sua natureza. II - Esta providencia cautelar tem em vista a defesa do interesse individual de um dos conjuges, o que n„o...
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