Acórdão nº 0310931 de Court of Appeal of Porto (Portugal), 31 de Outubro de 1991
Magistrado Responsável | SAMPAIO DA NOVOA |
Data da Resolução | 31 de Outubro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENçA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART1037 ART1041 N2 ART474 N1 C. CCIV66 ART1286. CRP84 ART7.
Sumário: I - A norma do n. 2 do artigo 1041 do Codigo de Processo Civil deve interpretar-se no seguinte sentido: suspende-se a providencia cautelar embarganda ainda não começada a executar ou na parte ainda não executada, independentemente de ser necessario prestar caução; se a providencia ja esta completamente executada ou, pelo menos, ja foi executada parcialmente, e caso se pretenda a restituição provisoria dos efeitos resultantes dessa execução total ou parcial, então e necessario prestar previa caução. II - Estando a quinta, objecto do requerimento da providencia, registada a favor dos embargantes e dos embargados, e de presumir o respectivo direito de propriedade a favor de ambos. III - Como, porem, quer embargantes, quer embargados, subscreveram declarações de não serem comproprietarios da quinta, por razões que o tribunal desconhece, de duas uma: ou...
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