Acórdão nº 0007421 de Court of Appeal of Lisbon (Portugal), 10 de Julho de 1997
| Magistrado Responsável | GUILHERME IGREJA |
| Data da Resolução | 10 de Julho de 1997 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART783 ART784 N2. CCIV66 ART1421 N1 C N2 E ART1425 N2.
Jurisprudência Nacional: AC STJ DE 1995/10/04 IN BMJ N450 PAG492.
Sumário: I - Em processo sumário (regime anterior à reforma de 1995), a falta de contestação do réu, desde que regularmente citado na sua própria pessoa, tem efeitos cominatórios plenos, ainda que contralegem, salvo se a vontade das partes for ineficaz para produzir o efeito jurídico visado com a acção. II - A vontade maioritariamente qualificada dos condóminos não legitima a introdução de obras inovatórias nas partes comuns que se revelem capazes de prejudicar a utilização...
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