Acórdão nº 0038292 de Court of Appeal of Lisbon (Portugal), 24 de Maio de 1990 (caso NULL)
| Magistrado Responsável | CARVALHO PINHEIRO |
| Data da Resolução | 24 de Maio de 1990 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART479 N2 ART838 ART840 ART1037 N1 ART1041 N1 ART1043 ART1045 ART1049.
Sumário: - A diligência Judicial ofensiva da posse é o fundamento de facto dos embargos de terceiro. - Nos embargos de terceiro não basta a perspectiva teórica, abstracta e longínqua duma diligência judicial susceptível de ofender a posse, pelo que se impõe que, na respectiva petição, seja concretizada uma efectiva diligência judicialmente ordenada, ofensiva da posse; ainda que os embargos tenham função preventiva só podem deduzir-se depois de ordenada tal diligência. - Os embargos de terceiro fundados em...
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