Acórdão nº 0060991 de Supremo Tribunal Administrativo (Portugal), 09 de Março de 1993 (caso None)
Magistrado Responsável | FERREIRA PASCOAL |
Data da Resolução | 09 de Março de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART384 ART385 ART422 N2 ART423 N1.
Sumário: I - Só pode requerer o arrolamento quem seja titular de um direito já constituido aos bens a arrolar ou que deva ser declarado em acção já proposta ou prestes a ser instaurada: arts. 422 n. 2 e 423 n. 1, CPC. II - A expressão "interesse na conservação dos bens ou dos documentos" (art. 422 n. 2 CPC) quer dizer exactamente e só o que vem dito no número seguinte do mesmo artigo e e no n. 1 do art. 423: tal interesse tem de ser consequente do direito dos bens, direito já existente "ou" ser resultado duma pretensão jurídica que carece de que carece de ser apreciada e julgada". (J. A. Reis, CPC Anot, II, p. 105, seguintes). III - Os requerentes não têm qualquer direito aos imóveis arrolandos, nem poderá resultar para os requerentes qualquer...
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