Acórdão nº 9940393 de Court of Appeal of Porto (Portugal), 16 de Junho de 1999 (caso NULL)
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 16 de Junho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - DIR EXEC.
Legislação Nacional: CCIV66 ART619 N1. CPC95 ART406 N1 ART407 N1 N2.
Sumário: I - Há fundado receio ou perigo para a satisfação do direito de crédito ( requisito de arresto configurado no artigo 619 n.1 do Código Civil ), se o devedor executado transferiu a titularidade de todo o seu património para a pessoa da requerida, sua mulher, na sequência de um processo judicial de separação judicial de pessoas e bens na qual o executado recebeu tornas que considerou pagas no momento da outorga da respectiva escritura de partilhas, pois se indicia que o executado está a procurar furtar- -se, com o auxílio de sua mulher, ao pagamento da indemnização em que foi condenado. II - O referido acto da transferência de bens, efectuado cerca de dois meses após a existência do direito de...
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