Acórdão nº 0310094 de Court of Appeal of Porto (Portugal), 22 de Março de 1990
| Magistrado Responsável | GUIMARÃES DIAS |
| Data da Resolução | 22 de Março de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART1037 N2 ART1279. CPC67 ART742 N2 ART393 ART394.
Jurisprudência Nacional: AC RE DE 1981/10/22 IN BMJ N312 PAG318.
Sumário: I - Em processo civil incumbe às partes o ónus de instrução do agravo, que haja de subir imediatamente e em separado, nos termos do artigo 742, n. 2 do Código de Processo Civil. II - Por isso, se o agravante não prova o fundamento do recurso por deficiência de instrução, não poderão ser atendidos os factos em que se fundamenta o agravo e o recurso não poderá lograr provimento. III - O locatário, embora não seja titular de um direito real ou possuidor " stricto-sensu ", pode defender o seu direito de gozo...
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