Acórdão nº 083226 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1992
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 10 de Dezembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROCED CAUT / RECURSOS. DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR REAIS.
Legislação Nacional: CCIV66 ART9 N1 ART1415 ART1416. RAU90 ART1 ART68 N2 ART111 N1. CPC67 ART399 ART400 N2 ART401 N1 ART668 N1 D ART671 N1 ART677 ART684 N3 ART690 N3 ART731 N1.
Sumário : I - As providências cautelares não especificadas têm como pressupostos legais: a) - a probabilidade séria da existência de um direito; b) - o justo e fundado receio de que alguém cause lesão grave e de difícil reparação a esse direito. II - Tendo a decisão da 1 instância aceite a existência daquele último requisito, não posto em causa no recurso para a Relação, tendo o problema sido omitido no acórdão respectivo, tal decisão constitui caso julgado, que tem de ser acatado. III - O âmbito do recurso é delimitado pelas conclusões da alegação do recorrente. IV - Se o tribunal ad quem conhecer de questão não contida nas conclusões, verifica-se a nulidade do artigo 668, n. 1, alínea d), segunda parte, do Código de Processo Civil. V - Verificada a nulidade em acórdão da Relação, a consequência é ficar sem efeito a decisão proferida sobre o tema referenciado, havendo que...
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