Acórdão nº 073140 de Supremo Tribunal Administrativo (Portugal), 15 de Outubro de 1985 (caso None)
Magistrado Responsável | J SANTOS CARVALHO |
Data da Resolução | 15 de Outubro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART1341.
JurisprudÍncia Nacional: AC RL DE 1970/02/27 IN JR N16 PAG86. AC RP DE 1976/06/18 IN CJ VII PAG373.
Sum·rio : I - Ao propor uma acÁ„o em que se pedia a condenaÁ„o da re na destruiÁ„o de uma pocilga situada numa sua propriedade que ocasionava um cheiro pestilento e nauseabundo e um barulho ensurdecedor na casa do autor, situada a curta distancia, este visava defender n„o so o seu direito de propriedade, mas tambem os seus direitos da personalidade. II - A circunstancia de n„o terem sido alegados os factos que constituem o direito de propriedade invocado pode determinar, num criterio rigoroso, o indeferimento liminar da petiÁ„o. III - Mas, a mesma circunstancia n„o permite que, no despacho saneador, se conclua pela ineptid„o da petiÁ„o inicial...
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