Acórdão nº 073140 de Supremo Tribunal de Justiça (Portugal), 15 de Outubro de 1985
| Magistrado Responsável | J SANTOS CARVALHO |
| Data da Resolução | 15 de Outubro de 1985 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART1341.
Jurisprudência Nacional: AC RL DE 1970/02/27 IN JR N16 PAG86. AC RP DE 1976/06/18 IN CJ VII PAG373.
Sumário : I - Ao propor uma acção em que se pedia a condenação da re na destruição 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 não so o seu direito de propriedade, mas tambem os seus direitos da personalidade. II - A circunstancia de não terem sido alegados os factos que constituem o direito de propriedade invocado pode determinar, num criterio rigoroso, o indeferimento liminar da petição. III - Mas, a mesma circunstancia não permite que, no despacho saneador, se conclua pela ineptidão da petição inicial...
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