Acórdão nº 9720436 de Court of Appeal of Porto (Portugal), 27 de Maio de 1997
| Magistrado Responsável | PELAYO GONÇALVES |
| Data da Resolução | 27 de Maio de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART1261 N1 N2 ART1297. CPC67 ART393.
Jurisprudência Nacional: AC STJ DE 1984/11/13 IN BMJ N341 PAG401. AC RE DE 1979/02/08 IN CJ T1 ANOIV PAG22. AC RE DE 1989/06/22 IN CJ T3 ANOXIV PAG280.
Sumário: I - A violência para efeitos de esbulho tanto pode ser exercida sobre as pessoas como sobre as coisas, supondo a coacção física « a completa ausência de vontade daquele a quem a posse foi usurpada :. Tendo os requerentes da providência cautelar de restituição provisória de posse alegado no seu requerimento inicial que um « Katterpiler : contratado pelos requeridos estava a...
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