Acórdão nº 071719 de Supremo Tribunal de Justiça (Portugal), 17 de Maio de 1984 (caso NULL)
Magistrado Responsável | SANTOS SILVEIRA |
Data da Resolução | 17 de Maio de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG / DIR CONTRAT / TEORIA GERAL.
LegislaÁ„o Nacional: CPC67 ART287 E ART382 N1 A ART412 N1 ART417 ART722 N2 ART729 N1 N2 ART755 N1 B N2 ART813 ART933 N2 ART935. CCIV66 ART287 E ART335 N1 ART776 N2 ART1370 ART1373 ART1374.
Sum·rio : I - A matÈria de facto dada como provada na 1. inst‚ncia e que n„o foi alterada no recurso para a RelaÁ„o, tem de ser acatada pelo Supremo Tribunal de JustiÁa, em recurso de agravo, nos termos dos artigos 755, n. 1, alÌnea b, e n. 2, e 729, ns. 1 e 2 do CÛdigo de Processo Civil. II - Numa providÍncia cautelar de embargo de obra nova relativa ‡ demoliÁ„o de um muro ou parede alegadamente pertencente ao requerido, tendo-se aceitado, mau grado a funÁ„o do procedimento cautelar, o car·cter provisÛrio e o da demanda a intentar, declarada a providÍncia, uma tentativa de...
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