Acórdão nº 1058/09.2TVLSB-A.L1-7 de Court of Appeal of Lisbon (Portugal), 23 de Fevereiro de 2010
| Data | 23 Fevereiro 2010 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: I. O indeferimento liminar indeferimento liminar de uma providência cautelar de arresto enquadra-se como uma das competências a ser exercida pelo Juiz, conforme resulta da leitura dos artigos 234.º e 234.º-A do Código de Processo Civil.
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Caso se conclua, de forma evidente e inquestionável, que o requerimento apresentado é insusceptível de produzir o efeito pretendido, ainda que fazendo uso dos mecanismos legais ligados ao princípio do dispositivo, cumpre ao Juiz proceder ao seu indeferimento liminar.
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Não tendo sido indicados quaisquer factos sobre os quais pudesse vir a recair prova, quanto à situação económico-financeira do Requerido e do perigo de este vir a dissipar os...
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