Acórdão nº 0031262 de Court of Appeal of Lisbon (Portugal), 19 de Junho de 1997
Magistrado Responsável | LOUREIRO DA FONSECA |
Data da Resolução | 19 de Junho de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: PROF. ALBERTO DOS REIS IN CPC - ANOTADO VOLII PAG59.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART412 N1 ART415 N2.
Jurisprudência Nacional: AC RL DE 1976/02/25 ANOIII PAG245.
Sumário: I - O prejuízo referido no art. 412 n. 1 do CPC consiste na ofensa do direito de propriedade, bastando a ilicitude do facto, o dano jurídico. II - Para que o facto ofensivo possa desencadear o mecanismo legal do embargo de obra nova, necessário se torna que se tenha começado obra nova, que esta não esteja ainda concluída e que cause prejuízo...
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