Acórdão nº 083419 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1993
Magistrado Responsável | CESAR MARQUES |
Data da Resolução | 23 de Março de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART421 ART423 N1. CCIV66 ART232 ART240 N1 ART242 N1 ART394 N1 N2.
Jurisprudência Nacional: AC STJ PROC83043 DE 1993/02/16. AC RP DE 1991/07/15 IN CJ ANOXIV TIV PAG237. AC STJ DE 1981/04/23 IN BMJ N306 PAG244.
Sumário : I - Segundo jurisprudência do Supremo Tribunal de Justiça, deverão ter-se como provados os factos constantes dos documentos, não sendo correcto dar por reproduzido o que nesses documentos aconteceu. II - Segundo o artigo 421 do Código de Processo Civil, havendo justo receio de dissipação de bens móveis ou imóveis, pode requerer-se o seu arrolamento. III - De harmonia com o disposto no n. 1 do artigo 423 do Código de Processo Civil o requerente para prova sumária do direito relativo aos bens e aos factos em que fundamenta o receio do seu extravio ou dissipação. IV - Se o direito relativo aos bens depender de acção a propor, tem o requerente de convencer o Tribunal da provável procedência do pedido correspondente. V...
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