Acórdão nº 9440586 de Court of Appeal of Porto (Portugal), 16 de Março de 1995
| Magistrado Responsável | CESARIO DE MATOS |
| Data da Resolução | 16 de Março de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC CAUT.
Legislação Nacional: CPC67 ART205 N1. CPC67 ART384 N1 N3 ART412 N1 ART418. CCIV66 ART492 N1 ART1350.
Sumário: I - Fundando-se no justo receio do prejuízo resultante do modo de execução de obra, é adequado o uso da providência cautelar de embargo de obra nova e não a do processo para a eliminação de perigo previsto nos artigos 1052 e 1055 do Código de Processo Civil. II - Os vícios na notificação do embargo extrajudicial e omissões do auto da sua ratificação constituem nulidades secundárias e devem ser arguidas nos termos do artigo 205, n.1...
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