Acórdão nº 9720803 de Court of Appeal of Porto (Portugal), 21 de Outubro de 1997
| Magistrado Responsável | DURVAL MORAIS |
| Data da Resolução | 21 de Outubro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART1305 ART1344 ART1360 N1 N2. CPC67 ART412 N1 N2 N3.
Sumário: I - O licenciamento de obras concedido pela câmara municipal não implica uma apreciação de eventuais direitos de propriedade ou de posse de terceiros, e não obsta à defesa por estes de direitos daquela natureza violados ou ameaçados, sendo competente para o efeito os tribunais comuns onde não tem pertinência a impugnação de uma deliberação administrativa de licenciamento da obra. II - Não pode ser decretado o embargo de obra nova com fundamento no incumprimento por parte do requerido ( que havia iniciado a obra a cerca de um metro de distância da parede e do limite do terreno pertencente ao requerente da providência ) do disposto no artigo...
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