Acórdão nº 9330302 de Court of Appeal of Porto (Portugal), 21 de Junho de 1993
| Magistrado Responsável | GUIMARÃES DIAS |
| Data da Resolução | 21 de Junho de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART412.
Jurisprudência Nacional: AC RC DE 1991/02/19 IN CJ ANOXVI T1 PAG79. AC RL DE 1976/02/25 IN CJ ANOI T1 PAG245 - BMJ N256 PAG164. AC RC DE 1989/12/12 IN CJ ANOXIV T5 PAG59. AC RE DE 1976/01/15 IN BMJ N255 PAG216.
Sumário: I - A ratificação judicial do embargo extrajudicial de obra nova obedece aos seguintes requisitos: a) Que o requerente seja titular de um direito de propriedade, singular ou comum, ou de qualquer outro direito real de posse; b) Que se julgue ofendido em consequência da obra, trabalho ou serviço novo; c) Ilicitude do acto violador da propriedade, posse ou fruição. II - Para que se verifique o segundo requisito o que importa é que o facto seja novo, isto é, que não...
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