Acórdão nº 9830800 de Court of Appeal of Porto (Portugal), 02 de Julho de 1998
| Magistrado Responsável | PIRES CONDESSO |
| Data da Resolução | 02 de Julho de 1998 |
| Emissor | 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 ART381 ART1407 N7 ART1413.
Sumário: I - É pelo pedido ou pretensão do autor que se conclui ou não do acerto ou não da forma do processo. II - Instaurando-se uma providência cautelar não especificada, nos termos do artigo 381 do Código de Processo Civil, por um cônjuge contra outro, como preliminar de uma futura acção de divórcio, no qual se pede a entrega à requerente da casa de morada de família, a entrega assim pedida e decidida em conformidade, tem sempre a natureza provisória, precária, típica, dos procedimentos cautelares, e nunca se trata de uma entrega definitiva. III - O...
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