Acórdão nº 087564 de Supremo Tribunal de Justiça (Portugal), 26 de Setembro de 1995
| Magistrado Responsável | MIGUEL MONTENEGRO |
| Data da Resolução | 26 de Setembro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART384 ART401 ART404 ART406.
Jurisprudência Nacional: AC STJ DE 1982/02/18 IN BMJ N314 PAG276.
Sumário : I - O decretamento da providência cautelar de arresto depende da alegação e prova dos seguintes requisitos primários e positivos: probabilidade da existência do crédito do requerente e justo receio de perda da garantia patrimonial sobre o requerido; dependerá, ainda, de um requisito negativo: o de que o requerido não é comerciante matriculado, ou que embora matriculado, nunca exerceu o comércio ou deixou de o exercer há mais de três meses. II - Tendo o arresto sido...
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