Acórdão nº 0044266 de Court of Appeal of Lisbon (Portugal), 28 de Maio de 1992
| Magistrado Responsável | CRUZ BROCO |
| Data da Resolução | 28 de Maio de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART339 ART342 N2. CPC67 ART985.
Sumário: I - Tendo o senhorio sentença favorável de despejo do arrendado deve requerer a passagem do competente mandado e a sua execução com observância do formalismo legal previsto no artigo 985 do Código de Processo Civil. II - Se optar pela execução pelas suas próprias mãos arrendando a parte da casa do arrendado tal conduta é ilícita (e eventualmente criminal) recaindo sobre a obrigação de indemnizar o arrendatário pelos prejuízos que lhe causar (artigo 483 do Código Civil). III - Invocando o "estado de necessidade" (nos termos do artigo...
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