Acórdão nº 9250012 de Court of Appeal of Porto (Portugal), 13 de Julho de 1992
| Magistrado Responsável | LUCIO TEIXEIRA |
| Data da Resolução | 13 de Julho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEXTA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC61 ART406 N4.
Sumário: I - Resulta do artigo 406, nº 4, do Código de Processo Civil, que são pressupostos de condenação indemnizatória, a proferir contra o arrestante e testemunhas no arresto, além de outros, o de serem encontrados a faltar conscientemente à verdade e o de agirem de má fé no desenvolvimento da decretação do arresto. II - A verificação destes pressupostos tem de estribar-se em factos averiguados probatoriamente. III - Daí que, não tendo sido os depoimentos das testemunhas, ouvidas nos autos de arresto, reduzidos a escrito, impossível se torna concluir que tenham faltado à verdade ( ainda que involuntariamente ), já que se ignora sobre que...
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