Acórdão nº 9050887 de Court of Appeal of Porto (Portugal), 09 de Maio de 1991
| Magistrado Responsável | AUGUSTO ALVES |
| Data da Resolução | 09 de Maio de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: CONFIRMADA A DECISÃO. NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART403 N1. CPC39 ART409.
Sumário: I - Ao contrario do que dispunha o artigo 409 do Codigo de Processo Civil/1939 onde se exigia um juizo de certeza para se proferir um despacho sobre o pedido de providencia cautelar, o artigo 403 do Codigo de Processo Civil vigente basta-se com a existencia provavel do credito. II - Assim sendo, no acto jurisdicional da emissão da providencia o que se espera do tribunal e um mero juizo de probabilidade que e suficiente para fundar a existencia provavel do credito como pressuposto do arresto. III - Tendo o requerente do arresto alegado que o Recorrente e um seu irmão...
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