Acórdão nº 0102582 de Court of Appeal of Lisbon (Portugal), 25 de Maio de 1995
| Magistrado Responsável | FERREIRA GIRÃO |
| Data da Resolução | 25 de Maio de 1995 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV - PROCED CAUT.
LegislaÁ„o Nacional: CPC67 ART384 ART393 ART394 ART664 ART676 N1. CCIV66 ART255 ART1251 ART1261 N2 ART1279. DL 39/95 DE 1995/02/15 ART12.
Sum·rio: I - Ao excluir expressamente a citaÁ„o e a audiÍncia do esbulhador na providÍncia cautelar de restituiÁ„o provisÛria de posse, a prÛpria lei determina que È da vers„o unilateral do requerente da providÍncia que o juiz formar· o seu juÌzo, de mera probabilidade, sobre a verificaÁ„o dos requisitos de tal restituiÁ„o. II - A violÍncia do esbulho tanto pode ocorrer contra as pessoas como contra as coisas que constituam um obst·culo ao esbulho. III - A violÍncia contra as coisas sÛ È...
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