Acórdão nº 9310407 de Court of Appeal of Porto (Portugal), 15 de Novembro de 1993
Magistrado Responsável | REIS FIGUEIRA |
Data da Resolução | 15 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART1283 ART1278 ART1279 ART1037 ART1285. CPC67 ART474 N1 E ART393 ART394 ART395 ART1033 ART1034 ART1035 ART1036 ART1037 ART1038 ART1039 ART1040 ART1043.
Sumário: I - A restituição provisória de posse por esbulho violento, providência cautelar que o é, não pode ter o efeito que o artigo 1283 do Código Civil reserva aos casos de acções de manutenção ou de restituição de posse julgadas procedentes com trânsito em julgado. II - O efeito de restituição de posse, traçado no dito artigo 1283 (como também o previsto no artigo 1284), só poderá resultar para os...
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