Acórdão nº 9831300 de Court of Appeal of Porto (Portugal), 17 de Dezembro de 1998 (caso NULL)
Data | 17 Dezembro 1998 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART381 N1 ART383 N1 ART395.
Sumário: I - Pedindo o promitente vendedor de um imóvel a execução específica na acção principal que intentou contra o promitente comprador, a quem conferiu a posse do imóvel, não pode aquele, por dependência ou numa acção, pedir, em providência cautelar não especificada, a restituição do imóvel, até por tal pretensão cautelar ser contraditória com o pedido formulado na acção. II - E também ao caso não cabe a providência cautelar especificada de restituição...
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