Acórdão nº 002212 de Supremo Tribunal Administrativo (Portugal), 30 de Junho de 1989 (caso None)
| Magistrado Responsável | SALVIANO DE SOUSA |
| Data da Resolução | 30 de Junho de 1989 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: A REIS IN PROCESSOS ESPECIAIS VOLI PÁG 441.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1041 N1.
Sumário : I - O artigo 1041, n. 1 do Código de Processo Civil exige, como fundamento de rejeição dos embargos de terceiro, que "seja manifesto, pela data em que o acto foi realizado ou por quaisquer outras circunstâncias, que a transmissão foi feita para o transmitente se subtrair à sua responsabilidade". II - Estamos, então, em face de um despacho liminar, onde se formula um juízo de mera probabilidade e não de certeza, pelo que o juiz só deverá rejeitar...
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