Acórdão nº 1214/09.3T2AMD.L1-1 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
| Data | 01 Março 2010 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: 1. As providências cautelares não devam ser utilizadas para resolver questões de fundo, que só nas acções adequadas podem ser decididas uma vez que o processo cautelar não tem por escopo corrigir situações, mas prevenir lesão que venha a ser grave e dificilmente reparável.
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A requerente, na qualidade de proprietária da casa arrendada cuja restituição da posse pretende, demanda na providência cautelar de restituição provisória de posse o arrendatário, que identifica, um terceiro a quem este terá entregue as chaves do locado bem como incertos que ocupam a casa.
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Mas na verdade não está esclarecido (pois sobre isso a petição é omissa) se tal contrato de arrendamento se mantém em vigor, ou em que...
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