Acórdão nº 0005496 de Supremo Tribunal Administrativo (Portugal), 08 de Junho de 1995 (caso None)
| Magistrado Responsável | TOME DE CARVALHO |
| Data da Resolução | 08 de Junho de 1995 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: RODRIGUES BASTOS IN NOTAS AO CÓDIGO DE PROCESSO CIVIL 2ED V2 PAG284.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART412 N1 ART417 N1 ART418 N3 ART420.
Sumário: I - O procedimento cautelar de obra nova está sujeito à verificação dos seguintes requisitos: 1 - ser o requerente titular de um direito de propriedade, singular ou comum, ou de qualquer outro direito real de gozo, ou, ainda, da posse. 2 - ser ofendido nesse direito ou na sua posse, por obra, trabalho ou serviço novo levado a cabo pelo requerido, que lhe cause ou ameace causar prejuízo. 3 - ser a providência requerida no prazo de 30 dias a contar do conhecimento desse facto ofensivo. 4 - estar a obra ou trabalho em curso de modo que não tenha ocorrido a sua conclusão. II - Para ser...
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