Acórdão nº 9531138 de Court of Appeal of Porto (Portugal), 14 de Março de 1996
| Data | 14 Março 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART396 ART397 ART398 ART399. CCIV66 ART1433 N5.
Jurisprudência Nacional: AC STJ DE 1974/03/22 IN BMJ N235 PAG237. AC RP DE 1982/10/19 CJ T4 ANOVII PAG246.
Sumário: I - Um dos pressupostos das providências cautelares inomínadas é a inexistência de uma providência específica para acautelar o direito ameaçado. II - Reconduzindo-se a pretensão do requerente, ao fim e ao cabo, a suspender a execução de uma deliberação tomada em assembleia de condóminos ( pediu-se que a administração do condominio fosse proibída de efectuar quaiquer obras de reparação na parede sul do prédio ), existe a providência específica da suspensão das deliberações da assembleia de condóminos permitida pelo nº5 do artigo 1433 do Código de Processo Civil e regulada pelos artigos...
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