Acórdão nº 0089851 de Supremo Tribunal Administrativo (Portugal), 28 de Março de 1995 (caso None)
Magistrado Responsável | PAIS DO AMARAL |
Data da Resolução | 28 de Março de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 ART562 ART563 ART610 B ART611 ART612 N2.
Jurisprudência Nacional: AC STJ DE 1992/01/23 IN BMJ N413 PAG548. AC STJ DE 1992/02/20 IN AJ N6 PAG611.
Sumário: I - A impugnação pauliana tem como requisitos essenciais: 1 - A existência de um crédito; 2 - A anterioridade do crédito em relação ao acto impugnado ou, sendo posterior, que o acto tenha sido realizado dolosamente com o fim de impedir a satisfação do direito do futuro credor; 3 - Resultar do acto a impossibilidade de obter a satisfação integral do seu crédito, ou o agravamento dessa impossibilidade; 4 - Que o credor e o terceiro tenham agido de má fé, tratando-se de acto oneroso. II - Incumbe ao credor a prova do montante das dívidas e ao devedor ou a...
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