Acórdão nº 072005 de Supremo Tribunal de Justiça (Portugal), 05 de Fevereiro de 1985
Magistrado Responsável | ALVES CORTES |
Data da Resolução | 05 de Fevereiro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART668 N1 D ART1202. CCIV66 ART344 N1 ART350 N1 N2 ART610 - ART618.
Sumário : I - Segundo os artigos 610 a 618 do Codigo Civil, os actos que envolvam diminuição da garantia patrimonial do credito e não sejam de natureza pessoal podem ser impugnados pelo credor desde que concorram as circunstancias de ser o credito anterior ao acto e de resultar deste a impossibilidade para o credor de obter a satisfação integral do seu credito, ou agravamento dessa impossibilidade. II - E, se o acto for oneroso, so esta sujeito a impugnação pauliana se o devedor e o terceiro tiverem agido de ma fe, entendida esta como a consciencia do prejuizo que o acto causa ao credor. III - O artigo 1202 do Codigo de Processo Civil, incluido nas disposições que se ocupam das falencias, determina que se presumem celebrados de ma fe pelos interessados que neles intervieram "as garantias reais constituidas por titulo posterior as das obrigações que...
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