Acórdão nº 9450337 de Court of Appeal of Porto (Portugal), 13 de Outubro de 1994
Magistrado Responsável | ALVES VELHO |
Data da Resolução | 13 de Outubro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - PROCED CAUT. DIR COM. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART65 ART219 ART392 ART393 ART364 ART813 ART1118 N3. RAU90 ART115 N3. CPC67 ART712. CNOT67 ART89 K.
Sumário: I - Os factos considerados assentes numa providência cautelar, como o arresto, em que nem foi ouvido o requerido, dada a sua natureza instrumental da acção que irá apreciar o fundo da causa e serem naquela bastantes para o seu deferimento, o qual nem sequer faz caso julgado material, antes constituindo um mero juízo de probabilidade, não podem servir de base à alteração das respostas aos quesitos na respectiva acção. II - O trespasse de estabelecimento...
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