Acórdão nº 0310656 de Court of Appeal of Porto (Portugal), 11 de Abril de 1991
| Magistrado Responsável | LOPES FURTADO |
| Data da Resolução | 11 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: INDEFERIMENTO. NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR SUC / DIR REAIS.
Legislação Nacional: CPC67 ART692 N2 D ART497 N2 ART498 N4. CCIV66 ART1340 N1 ART2050 ART2119.
Sumário: I - Em acção ordinaria, so e de atribuir a apelação efeito meramente devolutivo, nos termos do artigo 692 n. 2 alinea d) do Codigo de Processo Civil, quando a urgencia na execução da sentença, destinada a evitar prejuizo consideravel, se manifeste perante os termos da propria sentença. II - Não se verifica essa urgencia no caso de a sentença decretar a entrega de um predio com uma casa. III - Não se configura a excepção de litispendencia entre uma acção em que se pede o reconhecimento do direito de propriedade de uma casa, por acessão industrial imobiliaria, e outra em que se pede indemnização por benfeitorias respeitantes a construção dessa casa. IV - A herança indivisa e uma comunhão de mão comum ou propriedade colectiva, que se caracteriza pelo facto de...
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