Acórdão nº 9851240 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1999 (caso NULL)
| Magistrado Responsável | PAIVA GONÇALVES |
| Data da Resolução | 01 de Fevereiro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: LOTJ87 ART13 ART14 ART56. ETAF84 ART3 ART51 N1. CPC95 ART83 N2 ART383 N1 N2 ART413 N1.
Jurisprudência Nacional: AC STJ DE 1973/05/22 IN BMJ N227 PAG112. AC STJ DE 1997/03/04 IN CJSTJ T1 ANOV PAG125. AC RP DE 1997/02/17 IN CJ T1 ANOXXII PAG236.
Sumário: I - O tribunal comum é competente para conhecer do pedido de ratificação de embargo extrajudicial de obra nova, requerido pela Direcção Geral do Ambiente do Norte, com fundamento em violação do artigo 7 n.4 do Decreto Regulamentar n.2/88, de 20 de Janeiro e da alínea b) do n.1 da Resolução do Conselho de Ministros n.26/97, de 22 de Fevereiro, ainda que tal obra ( de ampliação de residencial a ser executada em zona reservada...
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