Acórdão nº 0071181 de Court of Appeal of Lisbon (Portugal), 22 de Junho de 1993
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 22 de Junho de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART46 ART47 ART65 A A ART73 ART403 ART404. CCIV66 ART371 ART372 ART619.
Sumário: I - É de confirmar a providência cautelar de arresto contra os fiadores quando não vêm discutidos o crédito do credor, a constatação judicial francesa da cessação de pagamentos por parte da sociedade devedora e o teor do acordo escrito de fiança à sociedade devedora, do qual ficou constando a obrigação de pagar quando a devedora por qualquer motivo não cumpre e a inexistência de benefício de excussão prévia dos bens da afiançada. II - Ainda, que os fiadores procederam á alienação onerosa de relevantes bens imóveis e participação societária de sua titularidade sem que com essa liquidez pecuniária tenham pago ao credor pela devedora, pelo que objectivamente é estabelecível que as alienações visaram esvair o seu património á efectivação de um pagamento coercitivo. III - Indefere para o caso que a fiança tenha sido prestada em França...
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