Acórdão nº 9950970 de Court of Appeal of Porto (Portugal), 18 de Outubro de 1999
| Magistrado Responsável | CAIMOTO JACOME |
| Data da Resolução | 18 de Outubro de 1999 |
| 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: CPC95 ART387 N1 ART412 ART384. CCIV66 ART342 N1 ART1251 ART1268 ART1287 ART1293.
Sumário: I - O primeiro requisito do decretamento de qualquer procedimento cautelar é a probabilidade séria da existência do direito invocado pelo requerente. II - O embargo de obra nova, como providência cautelar que é, destina-se a acautelar um direito do requerente. No caso foi invocada a violação do direito de propriedade sobre um poço e respectiva água de que o requerente se abastecia. III - Visando a providência cautelar antecipar os efeitos do julgamento, evitando os prejuízos da natural demora na resolução do litígio, cabe ao requerente convencer o...
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