Acórdão nº 9450981 de Court of Appeal of Porto (Portugal), 30 de Outubro de 1995
Magistrado Responsável | LUCIO TEIXEIRA |
Data da Resolução | 30 de Outubro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA QUARTA SECÇÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART267. CCIV66 ART328 ART331 ART618.
Sumário: I - Hoje pode o devedor ser solvente e justificar-se a acção pauliana, bastando que na prática o credor perca ou veja dificultada a garantia patrimonial do seu crédito. II - O n.2, primeira parte, do artigo 267, do Código de Processo Civil não tem aplicação á caducidade pela ressalva da sua segunda parte integrada pelos artigos 328, 331 e 618 do Código Civil.
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