Acórdão nº 9440186 de Court of Appeal of Porto (Portugal), 05 de Julho de 1994
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 05 de Julho de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART193 N2 B ART474 N1 A ART498 N4.
Sumário: Sendo embora a ineptidão um vício específico da petição inicial - e que não pode verificar-se em nenhum outro articulado - o juiz pode ( e deve oficiosamente fazê-lo ) indeferir "in limine" o requerimento da providência cautelar de arresto se, pela simples inspecção dele se certificar de que ocorre algum dos casos previstos no artigo 474 do Código de Processo Civil e, designadamente, se reconhecer que existe ineptidão desse requerimento ( que nos...
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