Acórdão nº 9220515 de Court of Appeal of Porto (Portugal), 29 de Outubro de 1992
| Magistrado Responsável | CARLOS MATIAS |
| Data da Resolução | 29 de Outubro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: DECIDIDO TOMAR CONHECIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART395 ART685 N1 ART686. CCIV66 ART274 N1.
Sumário: I - Com o preceito do artigo 395 do Código de Processo Civil, o legislador pretendeu dar um tratamento especial à oposição ao decretamento da restituição provisória de posse, reduzindo-a à possibilidade do agravo e apenas quando já se possa concluir que não caducará por omissão da propositura da acção definitiva. II - Embora o agravo do despacho que ordenou a restituição provisória de posse seja interposto antes de proposta a acção definitiva, verifica-se a condição de que dependia a recorribilidade, tornando eficaz aquele acto de interposição, se tal acção...
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