Acórdão nº 86/05.1TCFUN-B.L1-7 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Magistrado Responsável | MARIA DO ROSÁRIO MORGADO |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMAR A DECISÃO Sumário: Para o decretamento do arresto não se exige que o crédito esteja já declarado, bastando que esteja pendente acção declarativa visando a sua declaração, pois a sentença, nestes casos, tem natureza constitutiva da exigibilidade do crédito, mas não da sua existência.
Da mesma forma pode ser decretado o arresto, ainda que a determinação do quantitativo do crédito não esteja fixado, devendo, neste caso, a delimitação dos bens a arrestar ser feita por aproximação, dentro do princípio da proporcionalidade a que alude o art. 408º, nº 2, do CPC.
Atenta a natureza e objectivos do arresto, tanto se justifica o seu decretamento quando já existe incumprimento ou mora do devedor, como naquelas situações em que o devedor adopta comportamentos que colocam em perigo a garantia patrimonial, de tal modo que, com antecedência, se revele uma situação de impossibilidade ou grave dificuldade na sua futura cobrança.
O registo da acção pauliana visa dar publicidade à acção e garantir, em caso de anterioridade do registo da venda, a primazia do...
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