Acórdão nº 9851381 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1999 (caso NULL)
Magistrado Responsável | GONÇALVES FERREIRA |
Data da Resolução | 01 de Fevereiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART26 N3 ART28 N2 ART2 N2. CCIV66 ART1031 B ART1036 N1. RAU90 ART11 ART12 ART13.
Jurisprudência Nacional: AC RL DE 1994/01/13 IN CJ T1 ANOXIX PAG91. AC RL DE 1995/04/06 IN CJ T2 ANOXX PAG111.
Sumário: I - Em sede de procedimento cautelar comum, a legitimidade, aferindo-se pelos critérios gerais, deve procurar, no lado passivo, o sujeito que, na versão do requerente, é responsável pelos actos ou omissões criadores do risco de lesão grave e dificilmente reparável ou aquele a quem é imputada a conduta cujos efeitos se pretendem prevenir. II - Num, contrato de arrendamento celebrado entre A e B, se o locatário, entendendo que lhe assiste o direito de fazer obras no locado, que o locador, e só ele, o impediu materialmente de efectuar, vem solicitar, tão só e apenas, em providência cautelar, que este altere a sua conduta, abstendo-se de persistir no impedimento, só ele goza de legitimidade passiva, por nenhuma conduta ser atribuída à mulher do...
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