Acórdão nº 9530278 de Court of Appeal of Porto (Portugal), 11 de Maio de 1995
| Data | 11 Maio 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART829-A N1 N2 ART762 N1 ART334 ART817. CPC67 ART467 N1 D ART469.
Sumário: I - A sanção pecuniária compulsória prevista no artigo 829-A do Código Civil é inaplicável ao incumprimento, por acção do requerido, da decisão da restituição provisória da posse de bem móvel; com efeito, tal sanção está limitada ao não cumprimento de decisão judicial relativa a obrigações cujo cumprimento exija a intervenção insubstituível do devedor faltoso, ou seja, de obrigações infungíveis reconhecidas. II - A aplicação de tal sanção deve ser decidida antes da verificação...
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