Acórdão nº 9331338 de Court of Appeal of Porto (Portugal), 12 de Maio de 1994
Magistrado Responsável | CARLOS MATIAS |
Data da Resolução | 12 de Maio de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: CITA MANUEL RODRIGUES IN A POSSE PAG422 A 427.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART143 N1 ART144 N3 ART304 N3 ART653 N2 N3 ART668 N1 B ART712 N3 ART393 ART394. CCIV66 ART1279 ART1261 N2 ART255.
Jurisprudência Nacional: AC RE DE 1984/03/08 IN CJ T2 ANOIX PAG269.
Sumário: I - É de entender que se devam considerar os termos processuais das providências cautelares como previstos na segunda parte do n. 1 do artigo 143 do Código de Processo Civil e assim excluídos da regra de que não devem praticar-se em domingos, férias ou feriados; mas já o mesmo não deve entender-se quanto aos actos respeitantes à fase do recurso relativo à respectiva decisão, suspendendo-se, por isso, em férias o prazo de apresentação das alegações do respectivo recurso. II - Ao decidir sobre os factos que considera provados em processo de restituição provisória de posse, deve o juiz indicar os meios de prova...
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