Acórdão nº 9110179 de Court of Appeal of Porto (Portugal), 20 de Junho de 1991
| Magistrado Responsável | FERNANDES MAGALHÃES |
| Data da Resolução | 20 de Junho de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: DL 100/84 DE 1984/03/29 ART51 N1 F.
Jurisprudência Nacional: AC RL DE 1960/01/29 IN JR ANOVI PAG42. AC RP DE 1974/01/18 IN BMJ233 PAG242. AC STJ DE 1990/03/27 IN PROC79055.
Sumário: 1. Havendo ofensa do direito de propriedade, a ordem juridica faculta os meios de o ofendido promover o restabelecimento da situação em que se encontrava, o que e materialmente realizavel, " maxime " atraves da possibilidade de recuperar a coisa se dela foi desapossado. E como complemento dessa possibilidade ( ou em substituição dela ), pode exigir do ofensor uma indemnização por perdas e danos ocasionados. 2. O pedido de indemnização e um pedido acessorio e a cumulação meramente aparente; ha uma so acção embora com efeitos plurimos. 3. Não tendo os tribunais admnistrativos competencia para apreciar o pedido de...
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