Acórdão nº 9820181 de Court of Appeal of Porto (Portugal), 28 de Abril de 1998
| Data | 28 Abril 1998 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1346. CPC67 ART668 N1.
Jurisprudência Nacional: AC RP DE 1982/05/25 IN CJ T3 ANOVII PAG215. ASS STJ DE 1963/02/01 IN BMJ N124 PAG414. AC STJ DE 1973/05/18 IN BMJ N227 PAG98.
Sumário: I - Se de um galinheiro, construído num prédio vizinho, emanam cheiros tão intensos que, por vezes, os autores não podem abrir as janelas da sua casa e se, no verão, esse galinheiro é uma fonte de proliferação de mosquitos, melgas e outros insectos, têm eles o direito a ver destruído o galinheiro e a serem os réus condenados a se absterem de colocar no prédio galináceos ou outras aves de capoeira em condições tais que provoquem maus cheiros ou proliferação de insectos para o prédio dos demandantes. II - Se o juiz, no despacho liminar, convidou o autor a...
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