Acórdão nº 081742 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1992
Magistrado Responsável | AMANCIO FERREIRA |
Data da Resolução | 25 de Novembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART403 N1 ART722 N2 ART729 N1 N2. CCIV66 ART619 N1 ART1682 A.
Jurisprudência Nacional: AC STJ DE 1973/12/11 IN BMJ N232 PAG110. AC STJ DE 1981/07/23 IN BMJ N309 PAG300. AC STJ DE 1987/04/28 IN TJ N31 PAG30.
Sumário : I - O arresto preventivo depende da verificação de duas circunstâncias: probabilidade da existência do crédito e justo receio de perda da garantia patrimonial (artigos 619, n. 1 do Código Civil e 403, n. 1 do Código de Processo Civil). II - Os fundamentos que servem de base ao arresto devem ter um mínimo de consistência, de molde a que o arrestado, ao lançar mão dos embargos, possa desenvolver uma defesa operativa susceptível de infirmá-los. III - Requerido o arresto contra marido e mulher, deve o requerente, no requerimento inicial, deduzir também quanto a ela, de harmonia com o disposto no n. 1 do artigo 403 do Código de Processo Civil...
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