Acórdão nº 9330202 de Court of Appeal of Porto (Portugal), 01 de Junho de 1993
| Magistrado Responsável | FERREIRA DE SEABRA |
| Data da Resolução | 01 de Junho de 1993 |
| 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: CPC67 ART304 N3 ART412 ART413 ART415 N2 ART712 N3.
Jurisprudência Nacional: AC RL DE 1981/06/25 IN BMJ N310 PAG349.
Sumário: I - Conforme resulta do artigo 415, nº 2 do Código de Processo Civil, a convicção do julgador resulta fundamentalmente do quadro factual descrito no requerimento inicial, desempenhando a prova sumária e a audição do requerido uma função de mera complementariedade. II - No desenvolvimento da providência cautelar de embargo de obra nova não impôs o legislador a obediência de um formalismo processual que se pudesse incluir em quaisquer princípios gerais, pois até admite no nº 2 do artigo 412 que a mesma seja feita directamente por via extrajudicial, ainda que exija a sua ratificação judicial no prazo de cinco dias. III - De tudo isto resulta que, sendo um poder...
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