Acórdão nº 9720142 de Court of Appeal of Porto (Portugal), 20 de Maio de 1997
| Magistrado Responsável | DURVAL MORAIS |
| Data da Resolução | 20 de Maio de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART1022 ART1031 B ART1037 N2 ART1251 ART1253 C ART1276. CPC67 ART384 N1 ART393 ART394 ART395 ART1033. DL 293/73 DE 1973/07/20 ART25. DL 321-B/90 DE 1990/10/15 ART3 N1 C.
Jurisprudência Nacional: AC RL DE 1980/01/22 IN CJ T1 ANOV PAG207.
Sumário: I - Requerida a restituição provisória de posse, o juiz limita-se a pronunciar um juízo de mera probabilidade ou verosimilhança, com base num exame ligeiro e perfunctório da prova unilateralmente trazida ao processo pelo respectivo requerente. O pretenso esbulhador não é ouvido nem pode oferecer quaisquer provas e só pode defender-se depois de efectuada a restituição e de proposta a acção possessória. II - Agravando o requerido do despacho que decretou a restituição provisória de posse, não pode ele alegar factos novos e produzir...
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