Acórdão nº 073193 de Supremo Tribunal de Justiça (Portugal), 16 de Janeiro de 1986 (caso NULL)
Magistrado Responsável | CAMPOS COSTA |
Data da Resolução | 16 de Janeiro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA ANOT 2ED VI PAG560.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART483 ART487 N1 ART619 ART621. DL 98/80 DE 1980/05/05 ART2 D. CPC67 ART668 N1 D.
Sumário : I - Permitindo o artigo 619 do Codigo Civil que o credor requeira arresto sobre bens do devedor, essa relação crediticia tanto pode emergir de responsabilidade contratual como extracontratual. II - Integra ilicito extracontratual, fazendo incorrer no dever de indemnizar, o acto do fiel depositario que possibilita ao credor da cortiça apreendida o seu levantamento sem autorização do Instituto de Produtos Florestais (Decreto- -Lei n. 98/80 de 5 de Maio, artigo 2, alinea d)); tambem constitui ilicito extracontratual o conluio entre a vendedora e o comprador da cortiça acerca do preço de venda com intuito de defraudar o credor arrestante, qualquer destes factos gera responsabilidade civil (artigo 483 do...
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