Acórdão nº 071284 de Supremo Tribunal de Justiça (Portugal), 22 de Fevereiro de 1984 (caso NULL)
Magistrado Responsável | ABEL DE CAMPOS |
Data da Resolução | 22 de Fevereiro de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL. NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART4 ART144 N3 N4 ART412 N1 N2 ART668 N1 D C ART722 N2 ART731 N1 ART755 N2 ART762 N3. CCIV66 ART1037 N2. DL 457/80 DE 1980/10/10 ART2.
Sumário : I - Nos termos do artigo 1037, n. 2 do Codigo Civil, o locatario de um dos andares do predio tem legitimidade por si so para embargar a obra nova de ampliação do edificio com a construção de novos cinco pisos. II - Face ao actual Codigo de Processo Civil apenas se consideram acções aquelas que o seu artigo 4 define, e, por isso, o requerimento de ratificação do embargo não constitui uma acção. III - Por este motivo, a ratificação judicial do embargo e aplicavel não o disposto no n. 4, mas sim o disposto...
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