Acórdão nº 98A1071 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1998 (caso NULL)
Magistrado Responsável | LEMOS TRIUNFANTE |
Data da Resolução | 25 de Novembro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR OBG. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART342 N2 ART610 ART611 ART616. CPC95 ART722 N2 ART729.
JurisprudÍncia Nacional: AC STJ DE 1994/10/03 IN BMJ N440 PAG422.
Sum·rio : I - … da essÍncia do conceito de doaÁ„o, e como emana do artigo 940 do CÛdigo Civil, o espÌrito de liberalidade, se integrada por natureza gratuita. II - Em sede de impugnaÁ„o pauliana, e nos termos dos artigos 610 e 611 do CÛdigo Civil, compete ao credor o Ûnus probatÛrio dos actos que envolvam a diminuiÁ„o da garantia patrimonial do crÈdito, e do montante das dÌvidas. III - Nessa mesma sede, e no quadro dos artigos 342, n. 2, e 2. parte do 611, do mesmo diploma substantivo, cumpre ao devedor o Ûnus de provar que possui bens penhor·veis, de igual ou maior valor, ao do dito montante das dÌvidas. IV - DaÌ que, qualquer decis„o, nessa sede, tenha de ser orientada, contra a parte onerada...
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